1. This Order may be cited as the Magistrates' Courts Committees (Devon and Cornwall) Amalgamation Order 1998 and shall come into force for the purposes of articles 2 and 4 on 1st April 1999 and for all other purposes on 1st July 1998.

2. The magistrates' courts committees for the retained counties(2) of Devon and Cornwall shall be abolished.

3. There shall be constituted as a body corporate a new magistrates' courts committee which shall be known as the Devon and Cornwall magistrates' courts committee.

4. The area of the Devon and Cornwall magistrates' courts committee shall consist of the counties of Devon and Cornwall (including the Isles of Scilly).

5. The transitional and consequential provisions set out in the Schedule to this Order shall have effect in connection with the provisions of articles 2 and 3 of this Order.

Article 5

SCHEDULETRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Interpretation

1. In this Schedule-

"the 1997 Act" means the Justices of the Peace Act 1997;

"the Constitution Regulations" means the Magistrates' Courts Committees (Constitution) Regulations 1994(3);

"the first appointed day" means 1st August 1998 or such earlier day as the transferor committees shall appoint for the establishment of the selection panel;

"the second appointed day" means 1st September 1998 or such earlier day as the transferor committees shall appoint for the establishment of the transferee committee;

"the amalgamation date" means 1st April 1999;

"the transferor committees" means the magistrates' courts committees abolished by article 2;

"the transferee committee" means the magistrates' courts committee constituted by article 3;

"bench" means the justices assigned to a petty sessions area;

a reference to a justice for a retained county means a justice who ordinarily acts or will act in and for a petty sessions area comprised in that retained county;

all other words and phrases have the same meanings as in the Constitution Regulations.

The selection panels for the transferor committees

2. The members of the selection panels for the committee areas of the transferor committees shall continue to hold office until 31st March 1999 and accordingly regulation 5(8) of the Constitution Regulations shall not apply.

The clerk designate

3.-(1) As soon as reasonably practicable after the coming into force of this Order, and in any event not later than the day before the first appointed day, the transferor committees shall appoint a clerk designate in respect of the committee area of the transferee committee.

(2) The clerk designate shall hold office until such time as the transferee committee shall appoint a justices' chief executive, and upon such appointment the office of clerk designate shall cease to exist.

The selection panel for the transferee committee

4.-(1) The justices for the committee areas of the transferor committees shall establish a selection panel for the committee area of the transferee committee and appoint the first members of that panel in accordance with the following sub-paragraphs.

(2) The selection panel shall come into existence on the first appointed day, and the first members of the selection panel shall be appointed for a period beginning on the first appointed day and ending on 31st December 1999.

(3) The transferor committees shall by the day before the first appointed day appoint a clerk to the selection panel (who may be the clerk designate), and the clerk to the selection panel shall act as such from the first appointed day until such time as the transferee committee shall appoint a justices' chief executive and thereafter the justices' chief executive shall act as clerk to the selection panel.

(4) For the purposes of the appointment of the first members of the selection panel, the names of the representative from each bench shall be notified to the clerk to the selection panel by the day before the first appointed day, and regulation 5(9) of the Constitution Regulations shall not apply.

(5) Except as provided in the preceding sub-paragraphs, regulation 5 of the Constitution Regulations shall apply in relation to the appointment of the first members of the selection panel.

(6) The members of the selection panel for all periods after 31st December 1999 shall be appointed in accordance with regulation 5 of the Constitution Regulations.

(7) The selection panel shall not until the amalgamation date constitute a panel for the purposes of paragraph 8 of Schedule 2 to the Police Act 1996(4).

Selection of transferee committee

5.-(1) As soon as reasonably practicable after the first appointed day, and in any event not later than the second appointed day, the selection panel shall select the first members of the transferee committee, who shall take office on the second appointed day.

(2) The transferor committees shall, by the day before the first appointed day, inform the clerk to the selection panel of the number of persons, subject to regulation 11 of the Constitution Regulations, they wish to be selected as the first members of the transferee committee.

(3) Provided that sufficient suitable candidates present themselves, the selection panel shall, in selecting members of the transferee committee for the two years following the amalgamation date, ensure that the transferee committee includes at least three justices for the retained county of Devon and three justices for the retained county of Cornwall.

(4) In selecting the first members of the transferee committee the selection panel shall, in accordance with the number of vacancies notified under paragraph (2) above, appoint those members to take office in the numbers and for the terms specified opposite that number in the Table following this paragraph.

(5) Subject to paragraph 4 above and to the preceding sub-paragraphs of this paragraph, the Constitution Regulations shall apply to the transferee committee except that-

(a)regulations 2(2), 2(3), 3, 6(3)(a), 14(3) and 14(4) and Schedules 2 and 3 shall not apply;

(b)paragraphs (2), (3) and (7) of regulation 6 shall not apply in relation to the selection of the first members of the transferee committee;

(c)regulation 7 shall apply to the selection of the first members of the transferee committee as if for the reference to 31st December there were substituted a reference to the day before the first appointed day;

(d)any period served on a transferor committee or the transferee committee, or as chairman of any such committee, prior to the amalgamation date shall not count towards the maximum periods of service permitted by regulations 8 and 10;

(e)regulations 15 and 16 shall not apply before the amalgamation date;

(f)references in any regulation to any other regulation shall be read as references to that other regulation as modified by paragraphs (a) to (e) above.

Functions of transferee committee

6.-(1) The transferee committee shall come into existence as a body corporate on the second appointed day.

(2) The first chairman of the transferee committee shall be appointed at the first meeting after the second appointed day, and shall hold office until the first meeting after 1st April 2000; accordingly, regulation 10(2) of the Constitution Regulations shall not apply in relation to the first meeting after 1st April 1999.

(3) The clerk designate for the time being shall act as clerk to the transferee committee from the second appointed day until such time as the transferee committee shall appoint a justices' chief executive, and thereafter the justices' chief executive shall act as clerk to the transferee committee.

(4) From the second appointed day until the amalgamation date the transferee committee shall be a shadow committee and shall only have the following functions and powers-

(a)to commence and sustain the running of the committee as a shadow committee;

(b)to make all necessary preparations for the assumption of its functions as a magistrates' courts committee on the amalgamation date;

(c)to prepare any budgets or plans required by it when those functions are assumed and to consult with the paying authorities in relation to them;

(d)to prepare and submit capital bids in respect of expenditure to be incurred after the amalgamation date;

(e)to make determinations under section 56(1) of the 1997 Act in relation to the period following the amalgamation date;

(f)to enter into contracts;

(g)to consult and negotiate with persons who will, after the amalgamation date, be employed by the transferee committee and with trade unions and other organisations representing such persons;

(h)to appoint a justices' chief executive and staff of the transferee committee;

(i)to co-opt members in accordance with section 28(2)(a) of the 1997 Act;

(j)to act through sub-committees appointed by it as described in section 30(4) of the 1997 Act;

(k)to arrange for the discharge of any of its functions as described in section 30(5) of the 1997 Act.

(5) From the second appointed day until the amalgamation date the Devon County Council, the Cornwall County Council, the Council of the Isles of Scilly, the Plymouth City Council and the Torbay Borough Council, as prospective paying authorities for the transferee committee, shall have power to make any arrangement under section 55(9) of the 1997 Act and any agreement under section 56(2) of that Act in relation to the period following the amalgamation date, notwithstanding that the transferee committee is not yet the magistrates' courts committee for the area comprising those districts, and the Lord Chancellor shall have power to make determinations under section 56(2) in default of such agreement.

(6) The transferor committees shall give the transferee committee such information and assistance as is reasonably required to enable it to carry out its functions under this paragraph.

(7) On the amalgamation date, the transferee committee shall assume all the functions and powers of a magistrates' courts committee.

Transfer of staff

7.-(1) Any person employed by a transferor committee on the day before the amalgamation date shall be transferred on the amalgamation date to the employment of the transferee committee on the same terms as those on which he was employed by the transferor committee.

(2) A justices' clerk holding office at the pleasure of a transferor committee on the day before the amalgamation date shall on and after the amalgamation date hold office at the pleasure of the transferee committee.

Transfer of property

8. Any real or personal property in the ownership of the transferor committees immediately before the amalgamation date shall, on the amalgamation date, vest in the transferee committee.

Continuity of matters

9.-(1) Anything which, before the amalgamation date, is in the process of being done by, to or in relation to a transferor committee in the exercise of, or in connection with its functions and powers as a magistrates' courts committee may be continued by, to or in relation to the transferee committee, including any legal action or proceedings being taken by or against the transferor committee.

(2) All contractual and other rights and liabilities of a transferor committee and the benefit of any insurance policy in the name of a transferor committee shall pass on the amalgamation date to the transferee committee.

(3) From and after the second appointed day-

(a)any application under section 40(2)(a) of the 1997 Act made before the second appointed day by a transferor committee shall be treated as an application by the transferee committee;

(b)any approval under section 40(2)(b) of the 1997 Act granted before the second appointed day to a transferor committee shall be treated as an approval granted to the transferee committee.

References in enactments

10. Any reference in any enactment to a transferor committee shall, as from the amalgamation date, be construed as a reference to the transferee committee.

Explanatory Note

(This note is not part of the Order)

This Order provides for the replacement of the magistrates' courts committees for Devon and Cornwall by a single committee to be known as the Devon and Cornwall magistrates' courts committee.