SCHEDULES

SCHEDULE 3Amendments of County Courts Act 1959

2

(1)

For sections 22 (whole-time registrars and assistant registrars) and 23 (removal and retirement of registrars and assistant registrars) substitute—

“22Restrictions on practice as solicitor of registrars and assistant registrars.

(1)

A registrar or assistant registrar shall not directly or indirectly practise as a solicitor or as an agent for a solicitor.

(2)

If in any case the Lord Chancellor thinks it expedient so to do, he may authorise a registrar or assistant registrar to practise as a solicitor or as an agent for a solicitor, either subject to such restrictions as may be specified in the authorisation or without restrictions.

(3)

A registrar with respect to whom an authorisation has been given under subsection (2) of this section is in this Act referred to as a " part-time registrar ", and an assistant registrar with respect to whom an authorisation has been so given is referred to as a " part-time assistant registrar ".

(4)

The Lord Chancellor may revoke an authorisation under subsection (2) of this section by giving notice to the part-time registrar or part-time assistant registrar to whom it applies.

23Tenure of office.

(1)

This subsection applies—

(a)

to the office of registrar or assistant registrar ; and

(b)

to the office of part-time registrar or part-time assistant registrar.

(2)

Subject to the following provisions of this section, a person who holds an office to which subsection (1) of this section applies shall vacate his office at the end of the completed year of service in which he attains the age of seventy-two years.

(3)

Where the Lord Chancellor considers it desirable in the public interest to retain in office a person who holds an office to which subsection (1) of this section applies after the time when he would otherwise retire in accordance with subsection (2) of this section, the Lord Chancellor may from time to time authorise the continuance in office of that person until such date, not being later than the date on which that person attains the age of seventy-five years, as he thinks fit.

(4)

A person appointed to an office to which subsection (1) of this section applies shall hold that office during good behaviour.

(5)

The power to remove such a person from his office on account of misbehaviour shall be exercisable by the Lord Chancellor.

(6)

The Lord Chancellor may also remove such a person from his office on account of inability to perform the duties of his office.”.

(2)

In section 18(4) (which enables the registrar of one district to act for the registrar of another but not in proceedings where he is engaged as solicitor or agent for any party) after " but" insert " a part-time registrar ".