(1)The council of a borough shall have power to appoint a person to be honorary recorder of the borough.
(2)Where there is a borough civil court, the council of the borough shall have power to appoint the honorary recorder of the borough, or some other person, to be the judge of the court, and a person appointed under this subsection shall hold his office during good behaviour.
(3)A person shall not be qualified to hold office as an honorary recorder of a borough or as judge of a borough civil court unless he is a Circuit judge or Recorder (that is to say a Recorder appointed under this Act):
Provided that this subsection shall not apply to a borough which immediately before the appointed day—
(a)had power by charter to appoint a recorder of the borough, and
(b)did not have a separate court of quarter sessions.
(4)Where, immediately before the appointed day, there was a judge of a borough civil court, but he did not hold office by virtue of holding the office of recorder abolished by this Act, he shall continue to be and act as the judge as if appointed under subsection (2) above and subsection (3) above shall not apply to him.