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Justices of the Peace Act 1949

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This is the original version (as it was originally enacted).

39Transfer to Lord Chancellor of certain functions of Secretary of State

(1)Any appointment of a recorder under section one hundred and sixty-three of the Municipal Corporations Act, 1882, and any appointment of a paid chairman or deputy chairman of the quarter sessions for the county of London under section forty-two of the Local Government Act, 1888, shall be made by His Majesty on the recommendation of the Lord Chancellor.

(2)The Lord Chancellor, instead of the Secretary of State, shall give the approval required by subsection (6) of section one hundred and sixty-eight of the Municipal Corporations Act, 1882, in the case of a barrister to be appointed assistant recorder under that section, but any such approval given by the Secretary of State before the coming into force of this subsection shall have effect as if given by the Lord Chancellor.

(3)The Lord Chancellor shall take the place of the Secretary of State—

(a)as the authority to approve a resolution increasing a recorder's salary under section one hundred and sixty-three of the Municipal Corporations Act, 1882, to give any direction under section one hundred and sixty-five of that Act for holding borough quarter sessions oftener than once a quarter, and to sanction a resolution increasing the number of days for which an assistant recorder may receive remuneration under the Fourth Schedule to that Act; and

(b)as the authority having power to appoint to the office of recorder within the meaning of the Recorders, Stipendiary Magistrates and Clerks of the Peace Act, 1906 (which provides for the appointment and removal of a deputy when it cannot be done by the recorder).

(4)In section two of the Quarter Sessions (London) Act, 1896 (which relates to the appointment of persons to act temporarily in the office of paid chairman or deputy chairman of the quarter sessions for the county of London), references to the Lord Chancellor shall be substituted for the references to the Secretary of State.

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