The London Courts (Transfer of Staff) Order 1965

Transfers

1.  Any clerk to a metropolitan police court or other person employed in connection with the metropolitan police courts and appointed by the Secretary of State under the Metropolitan Police Acts 1829 to 1959 shall be transferred on 1st April 1965 to the employment of the committee of magistrates for inner London.

2.—(1) Any justices' clerk for a petty sessions area specified in column 1 of Part I of the Schedule to this Order or any officer appointed to assist such a justices' clerk, including any usher but excluding any officer to whom paragraph (2) of this Article applies, and employed by a magistrates' courts committee named in an entry in column 2 of Part I of the said Schedule shall be transferred on 1st April 1965 to the employment of the authority specified opposite to that entry in column 3 of Part I of the said Schedule.

(2) Any officer employed in connection with the management, control or maintenance of court-houses in a petty sessions area specified in column 1 of Part I of the Schedule to this Order and employed by a magistrates' courts committee named in an entry in column 2 of Part I of the said Schedule shall be transferred on 1st April 1965 to the employment of the authority specified opposite to that entry in column 4 of Part I of the said Schedule.

(3) Any officer employed by an authority named in column 1 of Part II of the Schedule to this Order in a capacity specified in an entry in column 2 of Part II of the said Schedule shall be transferred on 1st April 1965 to the employment of the authority specified opposite to that entry in column 3 of Part II of the said Schedule.

3.—(1) Any provision in this Order for the transfer of officers of any authority applies to any officer who, on 31st March 1965, is in the employment of such authority, but in the case of a person not in the whole-time employment of the authority the transfer effected by such provision in its application to the authority is limited to employment with the authority.

(2) For the purposes of this Order the clerk of the peace, deputy clerk of the peace and justices' clerk for any area shall be treated as employed by an authority, if that authority appointed him, and as having been transferred to, and thereafter as being in, the employment of an authority, if that authority has power to appoint such a clerk.

(3) Nothing in Articles 1 and 2 applies to any person as regards any employment which, otherwise than by virtue of the abolition of the authority by which he is employed, is to be terminated on 31st March 1965.

(4) Where any officer is on 31st March 1965 absent from his normal duties for the purpose of undergoing training, Articles 1 and 2 shall apply—

(a)if it was part of the arrangements under which he is so absent that at the completion of such training he should be employed in a place, situation or employment different from the place, situation or employment which he occupied prior to the commencement of the training, as if he was, on 31st March 1965, occupying such different place, situation or employment;

(b)otherwise as if he was, on 31st March 1965, occupying the place, situation or employment which he occupied immediately prior to the commencement of such training.

(5) Where any officer is on 31st March 1965 absent from his normal duties otherwise than for the purpose of undergoing training he shall be deemed, in the application of Articles 1 and 2, to be discharging such duties.

(6) Any question whether an officer is employed in a capacity specified in an entry in column 2 of Part II of the Schedule to this Order shall be determined by a referee or board of referees appointed by the Minister of Labour after consultation with the Lord Chancellor and any such reference may be made in relation to an officer at any time before 1st May 1965.

(7) Any authority named in column 4 of Part I or column 3 of Part II of the Schedule to this Order shall ensure that any officer employed by them is informed as to the provisions of this Order which apply to him and, in particular, as to the provisions of Articles 3(6) and 4(1).