Justices of the Peace Act 1949

12(1)In relation to an existing clerk or employee, subsections (2) and (3) of section seven of the 1937 Act (which relate to extensions of service after the retiring age) shall have effect with the substitution for any reference to the appointed day in subsection (2) of a reference to the date of the coming into force of section nineteen of this Act and with the omission of any such reference in subsection (3):

Provided that if, in the case of a justices' clerk who is a part time officer, it is not possible to determine on the said date whether he then becomes a contributory employee of the magistrates' courts committee by virtue of any order of the Secretary of State under paragraph 1 of this Schedule (whether because his salary under section nineteen of this Act has not then been fixed or because the order gives him an option exercisable after that date or for similar reasons), the reference to be substituted in the said subsection (2) shall be a reference to the date on which it becomes possible to determine that question.

(2)In relation to an existing clerk or employee who immediately before the coming into force of section nineteen of this Act has attained the age of sixty-five years and is not a contributory employee by virtue of section twenty of the 1937 Act, subsection (5) of section eight of that Act (which relates to the remuneration to be taken into account in fixing the rate of pension) shall have effect with the following modifications:—

(a)the expression " service " in that subsection shall include any service rendered after attaining the said age which it would have included if rendered before attaining it; and

(b)for any reference to the appointed day in proviso (a) to that subsection there shall be substituted a reference to the date of the coming into force of section nineteen of this Act.