The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020

Amendment of the Justices of the Peace Rules 2016 U.K.

19.—(1) The Justices of the Peace Rules 2016 M1 are amended as follows.

(2) In rule 3 (interpretation), omit the definition of “justices' clerk” and in its place insert—

““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(3) In the following rules, for “justices' clerk” each time those words appear substitute “justices' legal adviser”—

(a) rule 7 (eligibility of justices and family justices), paragraph (3);

(b) rule 8 (procedure for elections), paragraph (3);

(c) rule 10 (notice of candidacy procedure), paragraphs (2), (3), (4), (7) and (8);

(d) rule 11 (secret ballot), paragraphs (1), (2) and (3);

(e) rule 12 (determining result of secret ballot), paragraphs (3), (5) and (6);

(f) rule 13 (miscellaneous provisions about secret ballots), paragraphs (1) (where the words appear three times) and (3);

(g) rule 14 (withdrawal of notices of candidacy), paragraphs (1)(g) and (2);

(h) rule 15 (absence or insufficiency of notices of candidacy), paragraphs (1) (where the words appear twice) and (3);

(i) rule 16 (material irregularity in election procedure), paragraphs (1) (where the words appear twice), (2), (3), (4), (5)(a), (6)(b) and (7);

(j) rule 17 (duration of term in office and vacancies), paragraphs (3) and (5)(a).

(4) In rule 22 (membership of JTAAAC), for paragraph (1)(c) substitute—

“(c) the justices' legal adviser or an assistant nominated by them who is also a person authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(5) In rule 26 (membership of FTAAAC), for paragraph (1)(c) substitute—

“(c) the justices' legal adviser or an assistant nominated by them who is also a person authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(6) In the following rules, for “justices' clerk” each time those words appear substitute “justices' legal adviser”—

(a) rule 29 (JTAAAC and FTAAAC decisions), paragraph (4);

(b) rule 30 (grant of approval or authorisation), paragraph (2);

(c) rule 31 (review of competence), paragraph (4)(d);

(d) rule 32 (review of approvals and authorisations), paragraph (5)(f);

(e) rule 35 (review of excess authorisations), paragraph (1).

Marginal Citations

M1 S.I. 2016/709.