Justices of the Peace Act 1997 (repealed)

Justices’ clerks etc.E+W

17(1)Section 44(1) of this Act shall not have effect in relation to any person appointed by a magistrates’ courts committee before 1st April 1995 as justices’ clerk for a petty sessions area so long as he—

(a)continues to hold office as a justices’ clerk for that area or for any one or more petty sessions areas including any part of that area; and

(b)has not entered into a contract of service on or after that date.

(2)Any justices’ clerk in relation to whom, by virtue of sub-paragraph (1) above, section 44(1) of this Act does not have effect shall hold office during the pleasure of the magistrates’ courts committee concerned.

(3)Any such justices’ clerk shall be paid a salary for his personal remuneration, and the salary shall be taken to be remuneration for all business which he may by reason of his office as justices’ clerk be called upon to perform, other than any duties as secretary to a licensing planning committee under Part VII of the M1Licensing Act 1964.

(4)Any such justices’ clerk may be paid a single salary in respect of two or more clerkships.

(5)Any such justices’ clerk shall, in addition to his salary, be paid the amount of any expenses of a description specified when his salary is determined, being expenses incurred by him with the general or special authority of the magistrates’ courts committee.

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19So far as, immediately before the commencement of this Act—

(a)section 23(7) of the Justices of the M2Peace Act 1949 (terms and conditions of employment of persons transferred to magistrates’ courts committee on 1st April 1953); or

(b)paragraph 15 of Schedule 3 to the Justices of the M3Peace Act 1968 (terms and conditions of employment of persons transferred to certain magistrates’ courts committees on 10th November 1969),

has effect in relation to any person by virtue of paragraph 11 or 12 of Schedule 1 to the 1979 Act, it shall continue to have effect in relation to him.

20(1)Any regulations made under—

(a)section 42 of the Justices of the Peace Act 1949 (compensation in connection with Parts II and III of that Act); or

(b)paragraph 16 of Schedule 3 to the Justices of the Peace Act 1968 (compensation in connection with section 1 of that Act),

which are in force immediately before the commencement of this Act by virtue of paragraph 13 of Schedule 1 to the 1979 Act shall continue to have effect and may be revoked or varied notwithstanding the repeal by the 1979 Act of the provisions under which they were made.

(2)The reference in sub-paragraph (1)(a) above to section 42 of the Justices of the Peace Act 1949 includes a reference to that section as extended by section 32 of the M4Administration of Justice Act 1964 (extension for persons not qualified at date of enactment of the Justices of the Peace Act 1949).

(3)The functions of a responsible authority mentioned in paragraphs (b) and (c) of section 57(1) of this Act do not include their functions in respect of decisions made by a determining authority before 3rd February 1995 under the Justices of the M5Peace Act 1949 (Compensation) Regulations 1978.