PART IIE+W+S ALLOCATION OF FUNCTIONS AS TO PAYABLE UNDER PART V BETWEEN DIFFERENT AUTHORITIES IN CERTAIN CASES
| Capacity | Determining authority | Paying authority and authority entitled to appeal against determination |
|---|---|---|
| 1, 2. F1... | F1... | F1... |
| 3. Person employed by F2... [F3the Crown Court] to assist [F3the appropriate officer of the Crown Court]. | The F2... court employing that person. | The county council. |
| 4. [F4Justices’ clerk] in England or Wales— | ||
| F5(a) ... | F5... | F5... |
| (b) appointed or deemed for the purposes of the [F6Justices of the M1Peace Act 1997] to be appointed, by a magistrates’ courts committee. | The magistrates’ courts committee. (Subject to Note below.) | [F7The paying authority is the authority which is the paying authority in relation to the magistrates’ courts committee for the purposes of section 55 of the Justices of the Peace Act 1997 (and where there are two or more such authorities, the proportions in which they contribute to give effect to any determination shall be such as they may agree or, in default of agreement, as may be determined by the Lord Chancellor). The justices for whom the clerk acts are the authority entitled to appeal against a determination.] |
| 5. Clerk to borough justices in England or Wales— | ||
| F5(a) ... | F5... | F5... |
| F8(b) ... | F8... | F8... |
| 6. | ||
| F5(a) ... | F5... | F5... |
| (b) Employee of a magistrates’ courts committee on the staff of a justices’ clerk. | The same as in the case of a justice’s clerk. | The same, both as respects paying authority and authority entitled to appeal, as in the case of the justices’ clerk F9... |
Textual Amendments
F1Sch. 2 Pt. II paras. 1, 2 repealed by Courts Act 1971 (c. 23), Sch. 11 Pt. IV
F2Words repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5
F3Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 2
F4Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(2)(c) (with Sch. 14 para. 7(2))
F5Sch. 2 Pt. II paras. 4(a), 5(a), 6(a) repealed (except as they extend to N.I.) by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I Gp. 5
F6Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(2)(b) (with Sch. 14 para. 7(2))
F7Words in Sch. 2 Pt. II para. 4 substituted (27.9.1999) by 1999 c. 22, ss. 76, 108(c), Sch. 10 para. 20(3) (with Sch. 14 para. 7(2))
F8Sch. 2 Pt. II para. 5(b) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))
F9Words in Sch. 2 Pt. II para. 6(b) repealed (27.9.1999) by 1999 c. 22, ss. 106, 108(f), Sch. 15 Pt. V(1) (with Sch. 14 paras. 7(2), 36(9))
Marginal Citations
Note:—In a case where a justices’ clerk holds several clerkships and where several authorities would otherwise be concerned as determining authorities, the determing authority as respects each clerkship shall be all those authorities acting jointly, or in default of agreement, the Secretary of State after consulting the authority entitled to appeal against determinations.