The Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 2001

Statutory Instruments

2001 No. 2269 (L. 26)

MAGISTRATES' COURTS, ENGLAND AND WALES

The Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 2001

Made

21st June 2001

Laid before Parliament

21st June 2001

Coming into force

13th July 2001

The Lord Chancellor, in exercise of the powers conferred on him by subsection (1) of section 144 of the Magistrates' Courts Act 1980(1) as extended by section 44(3) of the Justices of the Peace Act 1997(2), after consultation with the Rule Committee appointed under the said section 144, makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 2001 and shall come into force on 13th July 2001.

Interpretation

2.  In these Rules, “the Rules” means the Justices' Clerks (Qualifications of Assistants) Rules 1979(3), and a reference to a rule by number alone means the rule so numbered in the Rules.

Transitional Provisions

3.  These Rules shall apply to any person employed as a clerk in court whenever so employed.

Amendments to the Justices' Clerks (Qualifications of Assistants) Rules 1979

4.  The following provisions of the Rules shall be omitted—

(a) in rule 2(1), the definitions of “Joint Negotiating Committee” and “preliminary professional examination”;

(b) in rule 2A(1)(a), the words “provided that no more than three calendar months have elapsed between any two successive periods of employment”;

(c) rule 2A(2);

(d) in rule 3, the reference to rule 5; and

(e) rule 5.

5.  In rule 6, the words “rules 3 to 4 above” shall be substituted for the words “rules 3 to 5 above”.

Irvine of Lairg, C.

21st June 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Justices' Clerks (Qualifications of Assistants) Rules 1979 so as to:

(a) remove the requirement that to be employed as a clerk in court after 31st December 2008, a court clerk employed on 31st December 1998, who had not attained the age of 40 at that date, must qualify as a barrister or solicitor or pass all the examinations for one of those professions; and

(b) provide that a person employed as a clerk in court before 1st January 1999 who is not qualified under rule 4(1)(a) (that is to say, as a solicitor or barrister, or by having passed all the examinations for one of those professions) may accept further contracts of employment as a clerk in court, regardless of any interval between successive contracts.

The Rules also make minor drafting amendments.

(1)

1980 c. 43.

(2)

1997 c. 25.

(3)

S.I. 1979/570; relevant amending instruments are S.I. 1998/3107 and 1999/2814.