Justices of the Peace Act 1949

Existing clerks to justices

8(1)The justices' clerk for any existing petty sessional division of a county shall become justices' clerk for any petty sessional division formed out of the first mentioned division or any part thereof under paragraph 5 or sub-paragraph (3) of paragraph 6 of this Schedule.

(2)Where by virtue of paragraph 2 of this Schedule the existing justices for a borough become justices for a county, the existing clerk to those justices shall become justices' clerk for the petty sessional "division consisting of the borough.

(3)The justices' clerk for each of the existing petty sessional divisions of the liberty of Ripon shall become justices' clerk for the corresponding petty sessional division of the West Riding of Yorkshire.

(4)Subject to this Act, a person who becomes justices' clerk for a petty sessional division by virtue of this paragraph shall continue to receive remuneration equal to his existing remuneration until otherwise determined in accordance with the provisions applicable to clerks to county justices.

(5)Where by virtue of this paragraph a person (whether a justices' clerk or employed by a justices' clerk) becomes a contributory employee under a county council instead of a borough council, he shall be entitled to the benefit of subsection (1) of section thirteen of the Local Government Superannuation Act, 1937 (which provides for reckoning previous service under a different authority), without giving the information required by the proviso to that subsection.

(6)In the case of a person who before the coming into force of section ten of this Act has been a contributory employee by virtue of section twenty of the said Act of 1937, or any corresponding provision of a local Act scheme, any rules made under section one of the Superannuation (Miscellaneous Provisions) Act, 1948 (which relates to national service), so far as they refer to an employment in which he was a contributory employee as aforesaid and which he left before the coming into force of the said section ten, shall have effect as if the said section ten had not been passed.