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Version Superseded: 01/04/2001
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11(1)Sub-paragraph (2) below applies to any person who, immediately before the commencement of this Act is treated by virtue of section 80(2) or (3) of the 1994 Act (abolition of offices of principal chief clerk and chief clerk: savings) as having been appointed by the magistrates’ courts committee for the inner London area—
(a)under section 24D of the 1979 Act, as justices’ chief executive; or
(b)as a justices’ clerk—
(i)under section 25 of that Act, for any petty sessional division of the inner London area; or
(ii)under section 34B of that Act, for the youth courts or family proceedings courts for that area and the City of London.
(2)Subject to section 42(5) to (7) of this Act, any person to whom this sub-paragraph applies shall hold and vacate office—
(a)in accordance with the terms of his appointment; or
(b)if he has entered into a contract of service, in accordance with the terms of his contract of service.
(3)Where, immediately before the commencement of this Act, a person is employed under a contract of service to which subsection (5) of section 80 of the 1994 Act (abolition of offices of senior deputy chief clerk and deputy chief clerk: savings for contract of service) applies—
(a)the repeal by this Act of that subsection shall not affect the continuation of that person’s contract of service;
(b)he shall not be dismissed from his employment without the approval of the Lord Chancellor; and
(c)before approving his dismissal the Lord Chancellor shall consider any representations made by him.
(4)Any reference in any instrument or document to the chief clerk for any petty sessional division of the inner London area or for the youth courts or family proceedings courts for that area and the City of London shall have effect, in relation to any time on or after 1st April 1995, as a reference to the justices’ clerk for [F1the corresponding petty sessions area] or, as the case may be, for those courts.
Textual Amendments
F1Words in Sch. 4 para. 11 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(3)(c), Sch. 10 para. 53 (with Sch. 14 para. 7(2))
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