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SCHEDULES

SCHEDULE 4Transitional provisions and savings

Part IIProvisions relating to particular enactments

Justices' chief executives

15(1)If, before the commencement of this Act, section 75 of the 1994 Act has not come into force, so far as it inserts section 24D(5) in the 1979 Act, in relation to the appointment of a justices' chief executive by the magistrates' courts committee for Hampshire, Kent or Lincolnshire, then, until the relevant commencement date, section 40 of this Act shall have effect in relation to such an appointment with the omission of subsection (5).

(2)In sub-paragraph (1) above, “relevant commencement date” means, in relation to such an appointment—

(a)if before the commencement of this Act a date on or after the date of that commencement has been appointed by an order under section 94 of the 1994 Act (commencement and transitional provisions) as the date on which section 75 of that Act, so far as it inserts section 24D(5) in the 1979 Act, is to come into force in relation to such an appointment, the date so appointed; and

(b)otherwise, such date as the Lord Chancellor may by order appoint.

(3)Subsections (4), (5), (7) and (8) of section 94 of the 1994 Act shall apply to an order under sub-paragraph (2)(b) above as they would apply to an order under subsection (2) of that section.

(4)The references to Hampshire, Kent and Lincolnshire in sub-paragraph (1) above are to those counties as they stood on 1st April 1995.

16A person who, immediately before the commencement of this Act, continues to hold office as clerk to a magistrates' courts committee by virtue of Article 6(1) of the [S.I. 1995/685.] Police and Magistrates' Courts Act 1994 (Commencement No. 8 and Transitional Provisions) Order 1995 may continue in that appointment until the magistrates' courts committee have appointed a justices' chief executive in accordance with section 40(1) of this Act.