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F1An Act to amend the law relating to justices of the peace (including stipendiary magistrates), justices’ clerks and the administrative and financial arrangements for magistrates’ courts, to provide for paying travelling and lodging allowances to members of probation committees and case committees and for enabling probation committees to hold land, to authorise the appointment of interim clerks of the peace in Scotland, and for purposes connected therewith.
[16th December 1949]
Textual Amendments
F1Act repealed (S.) by District Courts (Scotland) Act 1975 (c. 20), Sch. 2
Textual Amendments
Textual Amendments
F3Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
Textual Amendments
Textual Amendments
F5Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. II
Textual Amendments
Textual Amendments
F7S. 6, Sch. 2 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. I
Textual Amendments
F8S. 7 repealed by Solicitors Act 1957 (c. 27), Sch. 3
Textual Amendments
F9Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. II
Textual Amendments
F10Ss. 9, 40 repealed (S.) by virtue of District Courts (Scotland) Act 1975 (c. 20), Sch. 2
Textual Amendments
F11Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. II
F12(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(5)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14(9)—(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F14Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
F15S. 12 repealed by Licensing Act 1953 (c. 46), Sch. 10
Textual Amendments
Textual Amendments
F17S. 14 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
F18(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(7)—(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19S. 15(4)(6) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
F20Words repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. I
F21Words repealed by Children and Young Persons Act 1963 (c. 37), Sch. 5
F22Words repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
F24Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
Textual Amendments
20F26(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person who has not been bound by and served under articles as required by [F27regulations made under [F28the M1Solicitors Act 1974]], but has served as assistant to a justices’ clerk, may be admitted a solicitor of the Supreme Court, subject to the following provisions—
(a)the person to be admitted shall have had not less than ten years’ service as such an assistant and, out of that service, not less than five years shall have been before the first day of January, nineteen hundred and sixty, and not less than the required number of years shall have been approved service;
(b)for the purpose of the foregoing paragraph “approved service” means service either—
(i)as an articled clerk; or
(ii)with respect to which the person to be admitted has obtained from the Law Society a certificate under this section on an application made after he has had five years’ service as such an assistant and before the said first day of January,
and the required number of years of approved service is the number which that person would, apart from this subsection, be required F29. . . to serve under articles entered into at the date of that application;
(c)the Law Society may grant a person a certificate with respect to service in any employment as assistant to a justices’ clerk if they are satisfied that at the time of granting the certificate it is not practicable for him to serve as an articled clerk in that employment, and the certificate shall relate to any service by him in that employment after that time;
(d)subject to the foregoing paragraphs [F28the M2Solicitors Act 1974], shall apply, with any necessary modifications, in relation to a person’s certificate under this section and a person applying for or obtaining such a certificate as if the certificate were articles of clerkship and the service to which it relates were service under those articles.
F26(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
X1(7)Subsection (2) of section one hundred and fifty-nine of the Municipal Corporations Act, 1882 (which relates to the qualification for being clerk to a borough justices), shall cease to have effect.
Editorial Information
X1The text of s. 20(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991
Textual Amendments
F27Words substituted by Solicitors (Amendment) Act 1956 (c. 41), Sch. 1 para. 5(a)
F28Words substituted by Solicitors Act 1974 (c. 47), Sch. 3 para. 4
F29Words repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3
F30S. 20(6) and Sch. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30
Marginal Citations
Textual Amendments
Textual Amendments
F32S. 22 and Sch. 5 repealed by Local Government Superannuation Act 1953 (c. 25), Sch. 3 Pt. I para. 8
Textual Amendments
Textual Amendments
F34Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
Textual Amendments
F36S.28 repealed by Criminal Justice Act 1972 (c.71), Sch. 6 Pt. II
Textual Amendments
F37Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. II
Textual Amendments
F38Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F39(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
F40Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
F42Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. II
Textual Amendments
Textual Amendments
F44Ss. 36, 37 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
Textual Amendments
F45Ss. 38, 39(1)–(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F46(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F46Ss. 38, 39(1)–(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F47Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
F48Ss. 9, 40 repealed (S.) by virtue of District Courts (Scotland) Act 1975 (c. 20), Sch. 2
Textual Amendments
F49S. 41 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
Textual Amendments
F50S. 42 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
Textual Amendments
F51S. 43 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
Textual Amendments
F52S. 44 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
Textual Amendments
F53S. 45 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
(1)This Act may be cited as the Justices of the Peace Act 1949.
F54(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act extends to England and Wales only F55. . .
Textual Amendments
F55Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
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Textual Amendments
F56Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
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Textual Amendments
F57S. 6, Sch. 2 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. I
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Textual Amendments
F58S. 20(6) and Sch. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30
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Textual Amendments
F59Sch. 4 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F60S. 22 and Sch. 5 repealed by Local Government Superannuation Act 1953 (c. 25), Sch. 3 Pt. I para. 8
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Textual Amendments
F61Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt. II
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Textual Amendments
F62Sch. 7 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I