Administration of Justice Act 1964

Administration of Justice Act 1964 An Act to make provision with respect to the administration of justice in the metropolitan area; to provide for a lieutenant and deputy lieutenants for Greater London; to make fresh provision with respect to the indemnification of justices and their clerks, recorders and clerks of the peace; to make minor amendments of the law relating to the administration of justice in England and Wales and an amendment of section 8 of the Justices of the Peace Act 1949 extending to Scotland; and for connected purposes. . . . and Part II of that Schedule shall apply accordingly to the inner London area and the City subject to the following provisions of this section. In paragraph 15 of the said Schedule 2 for any reference to a justice or justices of the peace for the county of London there shall be substituted a reference to a lay justice or justices for the inner London area. The functions of the Secretary of State under the said Part II with respect to the nomination or selection of the chairmen and other members of the youth courts shall be transferred to the Lord Chancellor, and accordingly for any reference to the Secretary of State in paragraphs 15, 16 and 18 of the said Schedule 2 there shall be substituted a reference to the Lord Chancellor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . For Greater London other than the City a sheriff, who shall be known as the sheriff of Greater London, shall be appointed in accordance with the enactments and customs applied by the following provisions of this section and an under-sheriff shall be so appointed for each area of Greater London (not including any part of the City) specified by the Lord Chancellor by order; and an order under this subsection shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. Subject to the following provisions of this section— for the purposes of the Sheriffs Act 1887 and the customs relating to the appointment of sheriffs Greater London other than the City shall be treated as a county; any enactment not contained in the said Act of 1887 or the House of Commons Disqualification Act 1975 shall apply to the sheriff of Greater London as if Greater London other than the City were a county and shall apply to the under-sheriff of any area specified by virtue of subsection (1) of this section as if that area were a county; any reference in any enactment to the sheriff of the county of London or of Middlesex shall be construed as a reference to the sheriff of Greater London. Paragraphs (a) . . . of subsection (2) of this section . . . shall not apply to any reference to a county adapted by subsection (4) of this section or to any reference to a court of quarter sessions for a county. The Sheriffs Act 1887 shall, in its application to Greater London, the sheriff of Greater London and the under-sheriff of any area specified by virtue of subsection (1) of this section, have effect subject to the following additional modifications:— in sections 7(1), 17, 23(3) and 26(1) any reference to a county shall be construed as a reference to Greater London; the documents required by sections 6(3), 23(1) and 30 to be sent to the clerk of the peace shall be sent to the officer specified by the Lord Chancellor by order made by statutory instrument.. It is hereby declared that the Inner Temple and the Middle Temple are included in the City of London, and in no other area, for the purposes of the law relating to ... . . . justices of peace, . . ., magistrates’ courts, . . . sheriffs, juries and matters connected therewith. Any increase attributable to the provisions of this Act in the sums payable under any other enactment out of the Consolidated Fund or out of moneys provided by Parliament shall be paid out of that Fund or out of moneys so provided. In this Act, unless the context otherwise requires, the following expressions have the meaning hereby respectively assigned to them, that is to say— “the City” means the City of London; “committed for sentence or order” means committed to be dealt with under section 37 or 38 of the Magistrates’ Courts Act 1980, or under section 67 of the Mental Health Act 1959; . . . “existing”, in relation to any authority or thing, means that authority or thing as it existed immediately before the commencement of this Act; “officer” includes the holder of any place, situation or employment and “office” shall be construed accordingly; “Receiver” means the Receiver for the metropolitan police district; References in this Act to any enactment shall, except in so far as the context otherwise requires, be construed as references to that enactment as amended by or under any subsequent enactment including this Act. Part I of Schedule 3 to this Act shall have effect for the purpose of making general adaptations of enactments in consequence of the foregoing provisions of this Act. The enactments specified in Part II of the said Schedule 3 shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments consequential on the foregoing provisions of this Act and other minor amendments. No provision contained in this Act or any instrument thereunder shall be construed as prejudicing the powers conferred by section 148 of the Local Government Act 1933, Part II of the Local Government Act 1958 or section 84 or 87 of the London Government Act 1963 (whether as originally enacted or as extended by section 35 of this Act). This Act may be cited as the Administration of Justice Act 1964. Subject to the provisions of Schedule 4 to this Act, Part I of this Act shall come into force on 1st April 1965 except that if the Secretary of State by order appoints an earlier day for the commencement of any provision of the said Part I, that provision shall come into force on that earlier day. The following provisions of this Act, that is to say, Part II (except section 31), section 39 and subsection (8) of this section shall come into force on such day as the Secretary of State may by order appoint. Different days may be appointed under this section for different purposes of this Act; and any reference in any provision of this Act to the commencement of this Act shall, unless otherwise provided by any order under this section, be construed as a reference to the day on which that provision comes into operation. Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force, including such adaptations of those provisions or any provisions of this Act then in force as appear to him necessary or expedient in consequence of the partial operation of this Act (whether before or after the day appointed by the order). This Act, except section 31 . . ., shall not extend to Scotland. This Act, . . . shall not extend to Northern Ireland. Any reference in any enactment to the Central Criminal Court district shall be construed as a reference to Greater London. The foregoing provisions of this Schedule shall apply to any reference mentioned in those provisions, whatever the terms of the reference, but shall have effect subject to any specific provision elsewhere in this Act and, in particular, to the following provisions of this Schedule. In section 151(1), in paragraph (b) the words “or of the metropolitan police” shall be omitted and after that paragraph there shall be inserted the following paragraph:— every building, structure or work vested in the Receiver for the metropolitan police, the magistrates’ courts in the inner London area within the meaning of the Administration of Justice Act 1964 (including the juvenile courts for that area and the City of London) or the probation system in that area In section 1(2), after the word “shall” there shall be inserted the words “subject to section 11 of the Administration of Justice Act 1964 and any determination of the committee of magistrates thereunder.” In section 52(3) for paragraph (c) there shall be substituted the following paragraph— premises provided and maintained for purposes connected with the administration of justice by the council of a county, the Greater London Council, a local authority or the receiver for the metropolitan police district Act partly in force at Royal Assent see s. 41(2)(3); Act wholly in force at 1. 4. 1965. By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts. Ss. 1, 4–8, 23, 25(1)(3)(4), 29, 34, 35, Schs. 1, 2, Sch. 3 paras. 11, 14, 17 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV Ss. 2, 3, 9, 10, 13–17, 27, 28, 30, 32, 36, 37(4), Sch. 3 paras. 12(1), 20(6)(7) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3 S. 11, Sch. 3 paras. 20(2), 22(3)(5) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9 The text of s. 12, Sch. 3 paras. 18, 27, 30, 31(4) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. Words in s. 12(1) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)) Words in s. 12(1)(3) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF: 39:1), s. 100, Sch. 11 para. 40(1)(2)(f); S.I. 1992/333, art. 2(2), Sch. 2. Ss. 2, 3, 9, 10, 13-17, 27, 28, 30, 32, 36, 37(4), Sch. 3 paras. 12(1), 20(6)(7) repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3 S. 18(1)(2) repealed by Armed Forces Act 1980 (c. 9, SIF 7:2), Sch. 10 Pt. II S. 18(3), Sch. 3 paras. 20(3)(4), 31(1) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30 References to clerk of the peace for each London commission area to be construed in accordance with Courts Act 1971 (c. 23, SIF 37), Sch. 8 para. 1 and Local Government Act 1972 (c. 70, SIF 81:1), Sch. 29 para. 4(1)(a) Words in s. 19(1) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 30(2) (with Sch. 14 paras. 7(2)) 1887 c. 55 (45:1). Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a) 1975 c. 24 (89). Words in s. 19(2) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 30(3) (with Sch. 14 para. 7(2)) Words repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30 Words in s. 19(4) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 30(4)(a) (with Sch. 14 para. 7(2)) S. 19(4)(a) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110(1), Sch. 8 para. 117; S.I. 2005/910, art. 3(y) S. 19(4)(b) repealed by Local Government Act 1972 (c. 70, SIF 81:1), Sch. 30 Words in s. 19(4)(c) substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3), Sch. 10 para. 30(4)(c) (with Sch. 14 para. 7(2)) S. 20 repealed by Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 7 Pt. I S. 21(1)(2)(5)(6) repealed by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 6 Pt. I S. 21(3)(4)(7(8)(9) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. I S. 22 repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1),Sch.6 S. 24 repealed by Superannuation (Miscellaneous Provisions) Act 1967 (c. 28, SIF 101A:1), s. 15(8)(j), (9) S. 25(2) repealed by Administration of Justice Act 1973 (c. 15, SIF 37), ss. 19(1), 20(6), Sch. 5 Pt. I Words in s. 26 repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110(1), Sch. 8 para. 118, Sch. 10; S.I. 2005/910, art. 3(y)(aa) Words repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV Word in s. 26 repealed (1.7.1997) by 1997 c. 23, ss. 8(4), 9(2), Sch. 3 S. 31 repealed by (S.) District Courts (Scotland) Act 1975 (c. 20, SIF 36:4), Sch. 2 and (E.W.) Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. I S. 33, Sch. 3 paras. 12(2), 15, 22(4), 24 repealed by Justices of the Peace Act 1968 (c. 69, SIF 82), Sch. 5 Pt. II S. 37(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 145, 146, 148(1), Sch. 17 para. 5, Sch. 18 Pt. 4; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(q), 28, 30(d) S. 37(3) repealed by Local Government Act 1985 (c. 51, SIF 81: 1), s. 102, Sch. 17 Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 7 para. 51 1980 c. 43 (82). 1959 c. 72 (85). In s. 38(1), definition of “domestic court” repealed (14. 10. 1991) by Children Act 1989 (c. 41, SIF 20), ss. 92(11), 108(6)(7), Sch. 11 Pt. II para. 5, Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2). Definition beginning “London commission areas” in s. 38(1)repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)) Definition of “Receiver” in s. 38(1) repealed (prosp.) by 1999 c. 29, ss. 325, 423, 425(2), Sch. 27 para. 18, Sch. 34 Pt. VII (with Sch. 12 para. 9(1)) “stipendiary magistrate” in s. 38(1) repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c) Ss. 40(1), 41(8), Sch. 3 paras. 9, 19(3), 20(5), 23(2), Sch. 5 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI 1933 c. 51. 1958 c. 55. 1963 c. 33 (81:1). Power of appointment conferred by s. 41(3) fully exercised: S.I. 1964/864 and 1435 Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3 and Statute Law Repeals Act 1978 (c. 45), Sch. 1 Pt. I Words repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3 Sch. 13 Pt. I para. 2 repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c) Sch. 13 Pt. I para. 3 repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c) Sch. 13 Pt. I para. 4 repealed (31.8.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. V(3) (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(c) Sch. 3 paras. 6, 7, 20(1)(8) repealed by Administration of Justice Act 1973 (c. 15, SIF 82), ss. 19(1), 20 (6) Sch. 5 Pt. II Sch. 3 paras. 8, 12(3) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. I Sch. 3 para. 10 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 1 Group 2} Sch. 3 para. 12(2) repealed by Justices of the Peace Act 1968 (c. 69, SIF 82), Sch. 5 Pt. II Sch. 3 para. 13 repealed by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 6 Pt. I Sch. 3 para. 16 repealed by Superannuation Act 1972 (c. 11, SIF 101A:1), Sch. 8 Sch. 3 para. 19(1) repealed by Justices of the Peace Act 1969 (c. 69), Sch. 5 Pt. II Sch. 3 para. 19(2) repealed by Powers of Criminal Courts Act 1973 (c. 62, SIF 39:1), Sch. 6 Sch. 3 para. 19(4) repealed by Criminal Justice Act 1972 (c. 71, SIF 39:1), Sch. 6 Pt. II Sch. 3 para. 21 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. III Sch. 3 para. 22(1)(2) repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV Sch. 3 paras. 23(1), 28, Sch. 4 repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. IV Sch. 3 para. 23(3) repealed by House of Commons Disqualification Act 1975 (c. 24, SIF 89), Sch. 3 Sch. 3 para. 25(1) repealed by Administration of Justice Act 1968 (c. 5, SIF 37), Sch. Sch. 3 para. 25(2) repealed by Administration of Justice Act 1970 (c. 31, SIF 37, 45:1), Sch. 11 Sch. 3 para. 26 repealed by General Rate Act 1967 (c. 9, SIF 103:1), s. 117, Sch. 14 Sch. 3 Pt. II para. 29 repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, arts. 4(n), 8(c) (and para. 29 expressed to be repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(3), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9)) Sch. 3 para. 31 repealed (24.11.2005) by Licensing Act 2003 (c. 17), ss. 199, 201(2), Sch. 7 (with ss. 2(3), 15(2), 195); S.I. 2005/3056, arts. 1(2), 2(2) (with saving in art. 4) Words in s. 26 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 55; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)