Statutory Instruments
2023 No. 737
JUSTICES OF THE PEACE, ENGLAND AND WALES
The Justices’ Allowances (Amendment) Regulations 2023
Made
29th June 2023
Laid before Parliament
4th July 2023
Coming into force
25th July 2023
The Lord Chancellor makes these Regulations in exercise of the powers conferred by sections 15(8) and 108(6) of the Courts Act 2003( 1 ).
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Justices’ Allowances (Amendment) Regulations 2023 and come into force on 25th July 2023.
(2) These Regulations extend to England and Wales.
Amendment of the Justices’ Allowances Regulations 2015
2. —(1)The Justices’ Allowances Regulations 2015( 2 ) are amended as follows.
(2) In regulation 2 (requirements applying to lay justices who submit claims)—
(a) omit paragraphs (1) to (3);
(b) after paragraph (3) insert—
“ (3A) A lay justice who wishes to submit any claim must—
(a) do so in writing, and
(b) include the following particulars in relation to the claim—
(i) the type of lay justice duty undertaken,
(ii) the date of the duty,
(iii) the location where the duty was undertaken, and
(iv) the times of departure for, and arrival back from, the location where the duty was undertaken.
(3B) Where the lay justice is submitting a claim for travelling allowance ( 3 ) , they must also provide—
(a) the location departed from before, and returned to after, the performance of the duty,
(b) the total distance travelled for the purpose of performing the duty, if driving,
(c) the engine capacity of the vehicle used, if driving,
(d) the total value of other expenditure directly incurred on travelling, such as public transport costs, tolls and fees, if any,
(e) evidence in relation to sub-paragraph (d), if applicable, and
(f) a declaration that they have necessarily incurred expenditure on travelling for the purpose of enabling them to perform their duties as a lay justice.
(3C) Where the lay justice is submitting a claim for subsistence allowance ( 4 ) , they must also provide—
(a) the total value of expenditure incurred on subsistence,
(b) evidence in relation to sub-paragraph (a), and
(c) a declaration that they have necessarily incurred expenditure on subsistence for the purpose of enabling them to perform their duties as a lay justice.
(3D) Where the lay justice is submitting a claim for financial loss allowance ( 5 ) , they must also provide—
(a) evidence of loss of earnings or social security benefits suffered by reason of the performance of the duty, if any,
(b) the total value of any other expenditure incurred by reason of the performance of the duty, if any,
(c) evidence in relation to sub-paragraph (b), if applicable, and
(d) a declaration that they have suffered loss of earnings or social security benefits, or incurred any other expenditure, by reason of the performance of their duties as a lay justice. ” ;
(c) in paragraph (4), for “make” substitute “submit” .
(3) Omit regulation 3 (transitional provision).
(4) Omit Schedules 1 and 2.
Saving provision
3. The amendments made by regulation 2 of these Regulations do not apply to any claim submitted before 25th July 2023.
Mike Freer
Parliamentary Under Secretary of State
Ministry of Justice
29th June 2023
See the definition of “travelling allowance” in section 15(3) of the Courts Act 2003.
See the definition of “subsistence allowance” in section 15(4) of the Courts Act 2003.
See the definition of “financial loss allowance” in section 15(5) of the Courts Act 2003.