Modifications etc. (not altering text)
C1Pt. VI (ss. 55–62) extended by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 87(4)
C2Pt. VI (ss. 55–62) amended by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 87A(2) (as inserted by Criminal Justice Act 1988 (c.33, SIF 39:1), ss. 62(1), 123, Sch. 8 para. 16)
(1)Subject to the provisions of this section—
(a)the petty sessional court houses and other accommodation, furniture, books and other things to be provided by a council under section 55 of this Act;
(b)the salary to be paid to a justices’ clerk and the staff to be provided for him; and
(c)the nature and amount of the expenses which a magistrates’ courts committee may incur in the discharge of any functions or may authorise to be incurred, including the sums payable to a justices’ clerk in respect of accommodation, staff or equipment provided by him,
shall be such as may from time to time be determined by the magistrates’ courts committee after consultation with the council or councils concerned.
(2)Where the expenses of the magistrates’ courts committee, or the sums payable to or in respect of a justices’ clerk holding more than one clerkship or to or in respect of staff provided for any such clerk, fall to be borne by more than one council, any question as to the manner in which they are to be borne by the councils concerned shall be determined by agreement between those councils or, in default of such agreement, shall be determined by the [F1Lord Chancellor].
(3)Any council concerned which is aggrieved by a determination of a magistrates’ courts committee under subsection (1) above may, within one month from the receipt by the council of written notice of the determination, appeal to the [F1Lord Chancellor], whose decision shall be binding upon the magistrates’ courts committee and any council concerned.
(4)The approval of the [F1Lord Chancellor] shall be required for any determination under subsection (1) above reducing the salary of a justices’ clerk, unless the clerk consents to the reduction.
Textual Amendments
F1Words in s. 56(2)(3)(4) substituted (1.4.1992) by virtue of S.I. 1992/709, art. 2(3).