Courts Act 2003 (c. 39)

Part 2 E+W Justices of the peace

Fines officers and designated officers E+W

36 Fines officers E+W

Any reference in an enactment to a fines officer is to a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated as a fines officer by the Lord Chancellor.

[F1 36A All functions of fines officers may be contracted-out E+W

A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.]

Textual Amendments

F1 S. 36A inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 26(2), 61(6)

37 Designated officers and magistrates' courts E+W

(1) Any reference in an enactment to the designated officer, in relation to a magistrates' court, justice of the peace or local justice area, is to a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated by the Lord Chancellor in relation to that court, justice of the peace or area.

(2) In this section “magistrates' court” includes—

(a) a committee of justices, and

(b) when exercising a function exercisable by one or more justices of the peace—

(i) a justices' clerk, and

(ii) an assistant clerk.