Justices of the Peace Act 1949

28Making good defaults of justices' clerks

(1)Where a justices' clerk does not duly pay to the Secretary of State or other person entitled thereto any sums received by him by reason of his office (other than sums received on account of his salary or expenses as justices' clerk), or a person employed to assist a justices' clerk does not duly pay to the clerk or some person on his behalf any sums received in the course of that employment, the responsible authority shall pay the amount of those sums to the Secretary of State or other person entitled to receive them from the clerk.

(2)A county or borough council shall have the same power under subsection (2) of section one hundred and nineteen of the Local Government Act, 1933 (or in the case of the London County Council subsection (2) of section eighty-six of the London Government Act, 1939), to take security with respect to the sums referred to in the foregoing subsection as they have with respect to money belonging to the council which is entrusted to the custody or control of a person not employed by them.

(3)The reference in subsection (2) of the last foregoing section to the functions of county and borough councils under this Part of this Act shall include the taking of security by virtue of the last foregoing subsection, but not the making of payments under subsection (1) of this section.

(4)In this section the expression " justices' clerk " has the same meaning as in the last foregoing section, and references to the responsible authority shall, in relation to sums payable to a clerk by reason of any office, be taken as references to the responsible authority within the meaning of that section who pay his salary in that office or (if he receives a single salary for that and some other office) who bear the part of his salary attributable to that office.