Constitutional Reform Act 2005, Paragraph 326 is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
326(1)Section 27 (justices' clerks and assistant clerks) is amended as follows.U.K.
(2)In subsection (1)(b) after “Lord Chancellor” insert “ , after consulting the Lord Chief Justice, ”.
(3)In subsection (3)—
(a)in paragraph (a) after “must” insert “ , after consulting the Lord Chief Justice, ”;
(b)in paragraph (b) for “subsection (4)” substitute “ subsections (4A) to (4C) ”.
(4)For subsection (4) substitute—
“(4A)The Lord Chancellor may change an assignment of a justices' clerk so that he is no longer assigned to a local justice area (“the relevant area”) only if the conditions in subsections (4B) and (4C) are met.
(4B)Before changing the assignment, the Lord Chancellor must consult—
(a)the chairman of the lay justices assigned to the relevant area, or
(b)if that is not possible or not practicable, the deputy chairman or such of the lay justices assigned to or acting in the relevant area as it appears to the Lord Chancellor appropriate to consult.
(4C)The Lord Chief Justice must agree to the change.”
(5)After subsection (6) insert—
“(6A)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
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