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Courts Act 2003

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This is the original version (as it was originally enacted).

27Justices' clerks and assistant clerks

This section has no associated Explanatory Notes

(1)A justices' clerk is a person who is—

(a)appointed by the Lord Chancellor under section 2(1), and

(b)designated by the Lord Chancellor as a justices' clerk.

(2)A person may be designated as a justices' clerk only if he—

(a)has a 5 year magistrates' court qualification,

(b)is a barrister or solicitor who has served for not less than 5 years as an assistant to a justices' clerk, or

(c)has previously been a justices' clerk.

(3)The Lord Chancellor—

(a)must assign each justices' clerk to one or more local justice areas, and

(b)subject to subsection (4), may change an assignment so as to assign the justices' clerk to a different local justice area or to different local justice areas.

(4)Before changing an assignment of a justices' clerk so that he is no longer assigned to a local justice area, the Lord Chancellor must consult—

(a)the chairman of the lay justices assigned to that area, or

(b)if it is not possible or not practicable to consult the chairman, the deputy chairman or such of the lay justices assigned to or acting in the area as appear to the Lord Chancellor appropriate.

(5)An assistant to a justices' clerk is a person who is—

(a)appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b)designated by the Lord Chancellor as an assistant to a justices' clerk.

(6)The Lord Chancellor may by regulations provide that, subject to such exceptions as may be prescribed by the regulations, a person may be designated as an assistant to a justices' clerk only if he—

(a)has a 5 year magistrates' court qualification, or

(b)has such qualifications as may be prescribed by, or approved by the Lord Chancellor in accordance with, the regulations.

(7)In this Part “assistant clerk” is short for “assistant to a justices' clerk”.

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