9(1)The repeals made by this Act shall not affect the appointment of any judge, officer or other person made before the repeal takes effect, but without prejudice to any provision of this Act abolishing any office or employment.E+W
(2)The repeals made by this Act shall not affect any pension or other right in respect of service before the repeal takes effect.
10The abolition by this Act of the offices of clerk of assize, clerk of the peace and other offices shall not affect the operation of section 16 of the M1Criminal Justice Act 1967 (under which certain persons are exempt from jury service for ten years after ceasing to hold office).
Marginal Citations
11, 12.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
13, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
F2Sch. 10 paras. 13, 14 repealed by Superannuation Act 1972 (c. 11), Sch. 8
15(1)In relation to any person who, before the day appointed for the coming into force of section 44(1)(a) of this Act held office as a clerk of the peace or a deputy clerk of the peace, the repeal by this Act of—E+W
(a)section 9(2) of the M2Local Government (Clerks) Act 1931,
(b)any provision of the M3Local Government Superannuation Act 1937,
(C)any provision of the M4Local Government Superannuation Act 1953, and
(d)sections 8 and 29 of the M5Administration of Justice Act 1964.
shall not affect the continued operation of those provisions or of any regulations made under them so far as they relate to rights accrued, contributions made and other things done before that day.
(2)Without prejudice to sub-paragraph (1) above, for the purposes of—
(a)any statutory provision contained in or made or issued under the Local Government Superannuation Acts 1937 to 1953, the M6Superannuation (Miscellaneous Provisions) Act 1948 or Part III of the M7National Insurance Act 1965, which is in force at the passing of this Act, and
(b)except as may be otherwise expressly provided therein, any enactments passed after the passing of this Act whereby any of those Acts is amended, extended or superseded, and any statutory instrument which after the passing of this Act is made or issued under any of those Acts or such an enactment,
in any case where, at the time after the day appointed for the purposes of section 44(1) of this Act, a court of quarter sessions would, if this Act had not been passed, have been the employing authority in relation to a clerk of the peace, deputy clerk of the peace or other officer of the court who before that day died while serving, or otherwise ceased to serve, in that employment, or in relation to the widow or any other dependant of such a person, the relevant local authority, as defined in sub-paragraph (3) below, shall be treated as being at that time the employing authority in relation to that person or, as the case may be, to that person’s widow or other dependant.
(3)In sub-paragraph (2) above “the relevant local authority” means—
(a)in relation to a person, or the widow or other dependant of a person, who was clerk of the peace or deputy clerk of the peace for a London commission area or who was otherwise an officer of the court of quarter sessions for such an area, the Greater London Council; and
(b)in relation to any person, or the widow or other dependant of any person, not falling within paragraph (a) above, the county council which, immediately before the day appointed for the purposes of section 44(1) of this Act, defrayed expenditure of the court of quarter sessions concerned under section 29(9) of the M8Administration of Justice Act 1964.
Marginal Citations
16(1)The Lord Chancellor may, with the concurrence of the Minister for the Civil Service, give a direction with respect to any clerk, bailiff, usher or messenger of a county court appointed by the registrar of that court under the proviso to section 28(1) of the M9County Courts Act 1959 (which relates to the case where the registrar’s salary includes the remuneration of any such officer) or deemed to have been so appointed by virtue of section 205 of that Act; and where a direction is so given then, subject to sub-paragraph (2) below, that person’s employment in court service shall be deemed for all purposes to be employment in the civil service of the State . . . F3E+W
(2)Except in so far as the Minister for the Civil Service directs in any case, no account shall be taken for the purposes of this paragraph of court service before the [F4giving of the direction under sub-paragraph (1) above].
(3)For the purpose of this paragraph “court service” means employment as a clerk, bailiff, usher or messenger in the service of a county court, whether or not combined with employment as a clerk in the service of a district registry of the High Court.
Textual Amendments
F3Words repealed by Superannuation Act 1972 (c. 11), Sch. 8
F4Words substituted by Superannuation Act 1972 (c. 11), Sch. 6 para. 81(b)
Marginal Citations
17(1)This paragraph has effect in order to meet any temporary shortage of staff to be appointed by the Lord Chancellor for the Supreme Court or county courts which may arise in the course of bringing the provisions of this Act into force.
(2)A local or other authority may enter into any agreement with the Lord Chancellor for the placing at the disposal of the Lord Chancellor, on such terms as may be provided by the agreement, of the services of any person who is employed by the authority and who gives his consent.
(3)For the avoidance of doubt it is hereby declared that for superannuation purposes service rendered by a person whose services are placed at the disposal of the Lord Chancellor in pursuance of this paragraph is service rendered to the authority by whom that person is employed.
(4)This paragraph applies whether or not the staff to be placed at the disposal of the Lord Chancellor were employed in the discharge by the authority of duties of which the authority will be relieved by this Act, and is without prejudice to any other power exercisable by the authority for the purposes set out in sub-paragraph (2) above.