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Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951

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This is the original version (as it was originally enacted).

PART IIAllocation of functions as to payments under Part V between different authorities in certain cases

CapacityDetermining authorityPaying authority and authority entitled to appeal against determination
Note:—In a case where a justices' clerk holds several clerkships and where several authorities would otherwise be concerned as determining authorities, the determining authority as respects each clerkship shall be all those authorities acting jointly, or, in default of agreement, the Secretary of State after consulting the authority entitled to appeal against determinations.
1. Clerk of the peace of the County of London or his deputy.The Secretary of State on the recommendation of the standing joint committee.The London County Council.
2. Clerk of the peace of any other county in England or Wales or his deputy.The court of quarter sessions for the county.The county council.
3. Person employed by a standing joint committee or a court of quarter sessions to assist the clerk of the peace of a county in England or Wales.The committee or court employing that person.The county council.
4. Clerk to county justices in England or Wales—
(a) entering on relevant service before the coming into force of s. 19 of the Justices of the Peace Act, 1949;The standing joint committee of the county. (Subject to Note below.)The county council are the paying authority and the county justices for whom the clerk acts are the authority entitled to appeal against a determination.
(b) appointed, or deemed for the purposes of the said Act to be appointed, by a magistrates' courts committee.The magistrates' courts committee. (Subject to Note below.)The county council.
5. Clerk to borough justices in England or Wales—
(a) entering on relevant service before the coming into force of s. 19 of the Justices of the Peace Act, 1949:The justices of the borough. (Subject to Note below.)The borough council.
(b) appointed, or deemed for the purpose of the said Act to be appointed, by a magistrates' courts committee.The magistrates' courts committee. (Subject to Note below.)The borough council.
6. (a) Employee of a justices' clerk being an employee who by virtue of s. 20(2) of the Local Government Superannuation Act, 1937, is deemed to be a contributory employee of a local authority, or to whom a local Act scheme applies:} The same as in the case of the justices' clerk.The same, both as respects paying authority and authority entitled to appeal, as in the case of the justices' clerk and where there are several paying authorities the proportions in which they contribute to give effect to any determination shall be such as they may agree, or, in default of agreement, as may be determined by the Secretary of State.
(b) Employee of a magistrates' courts committee on the staff of a justices' clerk.

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