Justices of the Peace Act 1997 (repealed)

45 General powers and duties of justices’ clerks. E+W

(1) Rules made in accordance with section 144 of the M1 Magistrates’ Courts Act 1980 may (except to the extent that any enactment passed after this Act otherwise directs) make provision enabling things authorised to be done by, to or before a single justice of the peace to be done instead by, to or before a justices’ clerk.

(2) Such rules may also make provision enabling things authorised to be done by, to or before a justices’ clerk (whether by virtue of subsection (1) above or otherwise) to be done instead by, to or before a person appointed by a magistrates’ courts committee to assist him.

(3) Any enactment (including any enactment contained in this Act) or any rule of law which—

(a) regulates the exercise of any jurisdiction or powers of justices of the peace; or

(b) relates to things done in the exercise or purported exercise of any such jurisdiction or powers,

shall apply in relation to the exercise or purported exercise of any such jurisdiction or powers by the clerk to any justices by virtue of subsection (1) above as if he were one of those justices.

(4) The functions of a justices’ clerk include giving advice to the justices to whom he is clerk, at their request, about [F1 matters of law (including procedure and practice)] on questions arising in connection with the discharge of their functions, including questions arising when the clerk is not personally attending on them.

(5) The powers of a justices’ clerk include, at any time when he thinks he should do so, bringing to the attention of those justices any point of [F2 law (including procedure and practice)] that is or may be involved in any question so arising.

(6) For the purposes of subsections (4) and (5) above the functions of justices of the peace do not include functions as a judge of the Crown Court.

(7) Subsections (4) and (5) above—

(a) apply in relation to any of the justices to whom the justices’ clerk is clerk as they apply in relation to all of them; and

(b) do not define or in any respect limit—

(i) the powers and duties of a justices’ clerk; or

(ii) the matters on which justices may obtain assistance from their clerk.

Textual Amendments

F1 Words in s. 45(4) substituted (27.9.1999) by 1999 c. 22, s. 89(2)(a) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(iii)

F2 Words in s. 45(5) substituted (27.9.1999) by 1999 c. 22, s. 89(2)(b) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(iii)

Marginal Citations

M1 1980 c. 43.