Page:Magistrates’ Courts Act 1980.pdf/50

42c. 43

(6) Rules made by virtue of subsection (3) above may make different provision in relation to different areas for which domestic court panels are formed; and in the application of this section to the counties of Greater Manchester, Merseyside and Lancashire for any reference in subsection (5) above to the Lord Chancellor there shall be substituted a reference to the Chancellor of the Duchy of Lancaster.

(7) A stipendiary magistrate who is a member of a domestic court panel may, notwithstanding anything in section 66(1) above, hear and determine domestic proceedings when sitting alone.

(8) Nothing in this section shall require the formation of a domestic court panel for the City of London.

68.—(1) Where the Secretary of State considers—
 * (a) that a combined domestic court panel should be formed for 2 or more petty sessions areas, or
 * (b) that any combined domestic court panel which has been so formed should be dissolved,

he may direct the magistrates’ courts committee for the area concerned to review the functioning of domestic courts in their area and on completion of the review to submit a report to the Secretary of State.

(2) Where the Secretary of State gives a direction under subsection (1) above, then—
 * (a) after consideration of any report submitted to him under that subsection, or
 * (b) if the committee fail to comply with the direction within 6 months from the giving thereof, after the expiration of that period of 6 months,

the Secretary of State may, if he thinks fit, make an order for the formation of a combined domestic court panel for the petty sessions areas concerned or, as the case may be, for the dissolution of the combined domestic court panel concerned.

(3) Where the Secretary of State proposes to make an order under subsection (2) above, he shall send a copy of the proposed order to the magistrates’ courts committee for any area the whole or part of which is concerned and to any domestic court panel which is concerned.

(4) Where a copy of the proposed order is required to be sent under subsection (3) above to any committee or panel, the Secretary of State shall, before making an order, consider any representations made to him by the committee or panel within one month from the time the copy of the proposed order was sent.