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Access to Justice Act 1999

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This is the original version (as it was originally enacted).

89Independence of clerks and staff exercising legal functions

This section has no associated Explanatory Notes

(1)For section 48 of the [1997 c. 25.] Justices of the Peace Act 1997 substitute—

48Independence of justices' clerks and staff exercising legal functions

(1)When exercising any legal function—

(a)a justices' clerk shall not be subject to the direction of the justices' chief executive or any other person or body; and

(b)a member of the staff of a magistrates' courts committee shall not be subject to the direction of any person or body other than a justices' clerk.

(2)In subsection (1) “legal function” means—

(a)any function exercisable by one or more justices of the peace; or

(b)a function specified in section 45(4) or (5) above.

(2)In section 45 of that Act (functions of justices' clerks)—

(a)in subsection (4) (advice on law, practice or procedure to justices at their request), for “law, practice or procedure” substitute “matters of law (including procedure and practice)”, and

(b)in subsection (5) (power to bring point of law, practice or procedure to attention of justices), for “law, practice or procedure” substitute “law (including procedure and practice)”.

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