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Access to Justice Act 1999

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88Role of chief executives

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(1)For section 41 of the Justices of the Peace Act 1997 (functions of justices' chief executives) substitute—

41Role of justices' chief executive

(1)The justices' chief executive appointed by any magistrates' courts committee shall make arrangements for the efficient and effective administration of the magistrates' courts for the area to which the committee relates.

(2)For that purpose the administration of the magistrates' courts for the area to which a magistrates' courts committee relates includes—

(a)the exercise of the function of acting as clerk to the committee; and

(b)the exercise of all of the functions conferred or imposed on justices' chief executives by or under any other enactment so far as relating to any of those courts or that committee.

(3)The duty imposed on a justices' chief executive by subsection (1) above shall in particular require him—

(a)to allocate responsibility for what falls to be done in the exercise of his functions among justices' clerks and the staff of the committee; and

(b)to determine the administrative procedures to be followed by them.

(4)The justices' chief executive appointed by a magistrates' courts committee shall make arrangements for discussions relating to matters of law (including procedure and practice) among the justices' clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.

(5)The justices' chief executive appointed by a magistrates' courts committee shall perform—

(a)the duties imposed on him by this section; and

(b)any other functions conferred or imposed on him by or under any other enactment,

in accordance with any directions given to him by the committee.

(6)Subject to section 48 below, the justices' chief executive appointed by a magistrates' courts committee may give directions to justices' clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment).

(2)In section 31 of that Act (powers and duties of magistrates' courts committees), omit subsection (2) (power of magistrates' courts committees to allocate responsibilities among chief executive, clerks and members of staff and to determine the administrative procedures to be followed by them).

(3)In section 40 of that Act (appointment of justices' chief executive), after subsection (1) insert—

(1A)The justices' chief executive appointed by a magistrates' courts committee is—

(a)the justices' chief executive for every magistrates' court for the committee’s area;

(b)the justices' chief executive for every petty sessions area for which they are the committee; and

(c)the chief executive to the justices acting for every such petty sessions area.

(4)In section 61 of that Act (defaults of justices' clerk etc.), after “clerk” insert “, of a justices' chief executive”.

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