Prospective
Statutory Instruments
2015 No. 1423
Justices Of The Peace, England And Wales
The Justices’ Allowances Regulations 2015
Made
18th June 2015
Laid before Parliament
26th June 2015
Coming into force
1st August 2015
The Lord Chancellor makes the following Regulations in exercise of the powers conferred by sections 15(8) and 109(4) and (5) of the Courts Act 2003( 1 ).
Prospective
Citation, commencement and interpretation I1
1. —(1) These Regulations may be cited as the Justices’ Allowances Regulations 2015 and come into force on 1st August 2015.
(2) In these Regulations—
“claim” means a claim for a travelling, subsistence or financial loss allowance under section 15 of the Courts Act 2003.
Requirements applying to lay justices who submit claims I2
2. —(1) A lay justice who wants to submit a claim must submit an Annual Declaration each year in the form set out in Schedule 1 at a time stipulated by the Lord Chancellor.
(2) A lay justice must complete and submit any claim to the Lord Chancellor in the form set out in Schedule 2 and in accordance with the requirements specified in that form.
(3) A lay justice may only submit a claim in a different format from that set out in Schedule 2 if the Lord Chancellor agrees.
(4) A lay justice must make any claim within 1 month of the date on which the expenditure or loss to which the claim relates was incurred.
Transitional provision I3
3. These Regulations apply to any claim submitted on or after 1st August 2015.
Revocations I4
4.The Justices’ Allowances Regulations 1976( 2 ) and the Justices’ Allowances (Amendment) Regulations 1976( 3 ) are revoked, except to the extent necessary for the purposes of dealing with any claim submitted in accordance with those Regulations before 1st August 2015.
Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice
18th June 2015
Prospective
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations revoke and replace the Justices’ Allowances Regulations 1976 ( S.I. 1976/117 ) and the Justices’ Allowances (Amendment) Regulations 1976 ( S.I. 1976/2118 ) governing the claiming of allowances by lay justices for travelling, subsistence or financial loss under section 15 of the Courts Act 2003.
Regulation 2 requires any lay justice who wants to claim their allowances to submit an Annual Declaration. Schedule 1 prescribes the form of the Annual Declaration.
Regulation 2 requires any lay justice who wants to claim their allowances to do so on the prescribed form set out at Schedule 2 to the Regulations. A different format (such as an electronic format) may be used with the Lord Chancellor’s agreement.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
2003 c. 39 . Section 15 has been amended by section 15(1) and paragraphs 308 and 317 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) . Section 109 has been amended by section 15(1) of, and paragraphs 308 and 349 of Schedule 4 to, the Constitutional Reform Act 2005.
S.I. 1976/117 , as amended by S.I. 1976/2118 and S.I. 1985/1383 . S.I. 1976/117 was made under the powers contained in Part III of Schedule 1 to the Administration of Justice Act 1973 (c.15) , as repealed by Schedule 3 to the Justices of the Peace Act 1979 (c.55) , and re-enacted under section 12 of the Justices of the Peace Act 1979. The provisions of section 12 were repealed by Schedule 6 to, and re-enacted by section 10 of, the Justices of the Peace Act 1997 (c.25) . Section 10 of the Justices of the Peace Act 1997 was repealed by s.109(3) of and Schedule 10 to, the Courts Act 2003 (c.39) and re-enacted by section 15 of that Act. By virtue of section 17 of the Interpretation Act 1978 (c.30) , the 1976 regulations continued to have effect under the enabling powers as re-enacted.
2003 c. 39 . Section 15 has been amended by section 15(1) and paragraphs 308 and 317 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) . Section 109 has been amended by section 15(1) of, and paragraphs 308 and 349 of Schedule 4 to, the Constitutional Reform Act 2005.
S.I. 1976/117 , as amended by S.I. 1976/2118 and S.I. 1985/1383 . S.I. 1976/117 was made under the powers contained in Part III of Schedule 1 to the Administration of Justice Act 1973 (c.15) , as repealed by Schedule 3 to the Justices of the Peace Act 1979 (c.55) , and re-enacted under section 12 of the Justices of the Peace Act 1979. The provisions of section 12 were repealed by Schedule 6 to, and re-enacted by section 10 of, the Justices of the Peace Act 1997 (c.25) . Section 10 of the Justices of the Peace Act 1997 was repealed by s.109(3) of and Schedule 10 to, the Courts Act 2003 (c.39) and re-enacted by section 15 of that Act. By virtue of section 17 of the Interpretation Act 1978 (c.30) , the 1976 regulations continued to have effect under the enabling powers as re-enacted.