C1Part II Organisation of Functions of Justices
F2 Justices’ chief executives, justices’ clerks and staff
Cross heading and ss. 24D, 24E inserted (1.4.1995 except in relation to specified purposes) by 1994 c. 29, s.75; S.I. 1995/685, arts. 4(C), 5(4).
F3C224D Appointment of justices’ chief executive.
1
Every magistrates’ courts committee shall appoint a justices’ chief executive.
2
A person may not be appointed as justices’ chief executive unless—
a
the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for the appointment,
b
the Lord Chancellor has approved one or more of those persons, and
c
the person appointed is a person so approved.
3
For the purposes of subsection (2) above, appointment as justices’ chief executive does not include, in relation to a person employed as such under a contract for a fixed term, re-appointment on the expiry of that term.
4
Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.
5
A person may not be appointed as justices’ chief executive unless he is eligible under section 26 of this Act for appointment as justices’ clerk.
6
A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.
7
Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.
8
In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument.
Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.