§ (1) The powers and duties of a court of quarter session with respect to appeals to which this Act applies shall, in the case of quarter sessions for the county of London, be exercised and performed by courts of quarter sessions constituted in accordance with the provisions of this section.
§ (2) There shall be a panel of justices consisting of the paid chairman and any paid deputy chairman of quarter sessions, and the chairman or failing him one representative of each petty sessional division within the county of London (exclusive of the city of London) to be nominated annually from amongst themselves by the justices customarily acting in and for that division; and
- (a) no justice who is not a member of the panel shall sit as a member of any court of quarter sessions sitting for the exercise and performance of such powers and duties as aforesaid; and
- (b) no such court shall be deemed to be properly constituted unless either the paid chairman, or a paid deputy chairman, is sitting as chairman thereof: Provided that, if no other member of the panel is present, the paid chairman or a paid deputy chairman may sit and adjudicate alone; and
- (c) the chairman of any such court shall have a second or casting vote.
§ (3) Any reference in this section to the paid chairman or to a paid deputy chairman of quarter sessions shall be construed as including a reference to a person appointed under section two of the Quarter Sessions (London) Act, 1896, to act temporarily in the office in question, and any reference in this Act to the chairman or to a deputy chairman of an appeal committee of quarter sessions shall be construed as a reference to the paid chairman or to a paid deputy chairman, as the case may be, including in either case a person so appointed as aforesaid.
§ Mr. TURTON
I beg to move, as an Amendment to the Lords Amendment, in line 9, to leave out the words, "the chairman, or failing him."
The object of this new Clause is to deal with the special and peculiar position of London Sessions. There are 18 1751 petty sessional divisions in the county of London, and it is thought wise that the panel, the appeals committee in this case, should be formed of the chairman and deputy-chairman of London Sessions, together with the chairman of each of the petty sessional divisions if lie wishes to serve on that appeals committee, and that if he does not wish to serve a, substitute shall be nominated by the petty sessional division. The object of my Amendment is purely a drafting one.
§ Question, "That the words proposed to be left out stand part of the Lords Amendment to the Bill," put, and negatived.
Further Amendment made in the Lords Amendment: In line 13, after the word "division," insert:
unless on any occasion when such a nomination would otherwise fall to be made the chairman of the justices elects to serve during the ensuing year as the representative of the division, in which case he shall be entitled so to do.
§ Remaining Lords Amendments agreed to.
§ Ordered, That a Committee be appointed to draw up a reason to be assigned to the Lords for disagreeing to one of their Amendments to the Bill.
§ Committee nominated of Mr. Rhys Davies, Sir Walter Greaves-Lord, Mr. Janner, Mr. Lyons and Mr Turton.
§ Three to be the quorum.—[Mr. Turton.]
§ To withdraw immediately.
§ Reason for disagreeing to one of the Lords Amendments reported.
§ To be communicated to the Lords.—[Mr. Turton.]