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- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Justices of the Peace Act 1949 (repealed).
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Textual Amendments applied to the whole legislation
F55Act repealed (S.) by District Courts (Scotland) Act 1975 (c. 20), Sch. 2
Textual Amendments
Textual Amendments
F2Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt.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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F4Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt.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
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F6S. 6, Sch. 2 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt.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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F7S. 7 repealed by Solicitors Act 1957 (c. 27), Sch. 3
Textual Amendments
F8Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt.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
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F9Ss. 9, 40 repealed (S.) by virtue of District Courts (Scotland) Act 1975 (c. 20), Sch. 2
Textual Amendments
F10Ss. 4, 8, 10, 29, and 32–34 repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt.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
F11(1)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(5)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13(9)—(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Ss. 2, 11(1)–(4), 15(10), 30, 31(1), 31(4), Sch. 1 and Sch. 6 repealed by Justices of the Peace Act 1968 (c. 69), Sch. 5 Pt.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
F13Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
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F14S. 12 repealed by Licensing Act 1953 (c. 46), Sch. 10
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F16S. 14 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
F17(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(7)—(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18S. 15(4)(6) repealed by Magistrates' Courts Act 1952 (c. 55), Sch. 6
F19Words repealed by Administration of Justice Act 1973 (c. 15), ss. 19(1), 20(6), Sch. 5 Pt. I
F20Words repealed by Children and Young Persons Act 1963 (c. 37), Sch. 5
F21Words repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
F23Ss. 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
20F25(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)A person who has not been bound by and served under articles as required by [F26regulations made under [F27the 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 F28. . . 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 [F27the 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.
F25(4), (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(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
F26Words substituted by Solicitors (Amendment) Act 1956 (c. 41), Sch. 1 para. 5(a)
F27Words substituted by Solicitors Act 1974 (c. 47), Sch. 3 para. 4
F28Words repealed by Solicitors (Amendment) Act 1974 (c. 26), Sch. 3
F29S. 20(6) and Sch. 3 repealed by Local Government Act 1972 (c. 70), Sch. 30
Marginal Citations
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F31S. 22 and Sch. 5 repealed by Local Government Superannuation Act 1953 (c. 25), Sch. 3 Pt. I para. 8
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F33Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
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F35S.28 repealed by Criminal Justice Act 1972 (c.71), Sch. 6 Pt. II
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F36Ss. 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
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F37Ss. 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
F38(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F40(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F39Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
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F41Ss. 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
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F43Ss. 36, 37 repealed by Powers of Criminal Courts Act 1973 (c. 62), Sch. 6
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F44Ss. 38, 39(1)–(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F45(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F46(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45Ss. 38, 39(1)–(3) repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F46Ss. 11(9)–(11), 24, 31(2) and 39(4) repealed by Administration of Justice Act 1964 (c. 42), Sch. 5
Textual Amendments
F47Ss. 9, 40 repealed (S.) by virtue of District Courts (Scotland) Act 1975 (c. 20), Sch. 2
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F48S. 41 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I
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F49S. 42 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
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F50S. 43 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
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F51S. 44 repealed by Justices of the Peace Act 1979 (c. 55, SIF 82), s. 71, Sch. 3
Textual Amendments
F52S. 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.
F53(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)This Act extends to England and Wales only F54. . .
Textual Amendments
F54Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. I
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