Part IV E+W Justices’ chief executives, justices’ clerks and staff

[F1 48 Independence of justices’ clerks and staff exercising legal functions. E+W

(1) When exercising any legal function—

(a) a justices’ clerk shall not be subject to the direction of the justices’ chief executive or any other person or body; and

(b) a member of the staff of a magistrates’ courts committee shall not be subject to the direction of any person or body other than a justices’ clerk.

(2) In subsection (1) “legal function” means—

(a) any function exercisable by one or more justices of the peace; or

(b) a function specified in section 45(4) or (5) above.]

Textual Amendments

F1 S. 48 and sidenote substituted (27.9.1999) by 1999 c. 22, ss. 89(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(iii)