Justices of the Peace Act 1968

PART II Principal Provisions as to Local Act Stipendiaries

11 (1) Where under section 1(8) of this Act a person holding office as stipendiary magistrate of any area is to continue in office as if appointed under section 29 of the [1949 c. 101.] Justices of the Peace Act 1949, the Secretary of State may by order made by statutory instrument direct that he shall continue in office for such reduced area as may be specified in the order (being an area for which a new appointment could be made on petition under section 29) or may, for the purpose of adjusting any magistrate's area to the requirements of section 29, make such other transitional provision as appears to the Secretary of State expedient.

(2) Where there is a reduction under this paragraph in the duties of a stipendiary magistrate, section 32(3) of the Justices of the Peace Act 1949 shall not apply to prevent a reduction in the salary of the magistrate if it appears to the Lord Chancellor that the magistrate's consent to the reduction in his salary is unreasonably withheld, having regard to the reduction in his duties and any payment to be made to him by way of compensation for the reduction in salary.

12 (1) Where under section 1(8) of this Act a person holding office as stipendiary magistrate continues in office as if appointed on the joint petition of two or more councils, his salary shall be borne by those councils in the proportions, until otherwise agreed between them, in which his salary would have been borne by them or their areas if he had continued to hold office under the enactments applying to him immediately before the appointed day (that is to say, the day appointed under section 7(1) of this Act).

(2) If in the case of any magistrate the councils referred to in sub-paragraph (1) above include both a borough council and the council of a county comprising the borough, the borough shall be treated for purposes of that sub-paragraph as not forming part of the county.

13 (1) The person holding office at the appointed day as clerk to the magistrate under the [1899 c. xc.] South Staffordshire Stipendiary Justice Act 1899, or as clerk to the magistrate under the Staffordshire Potteries Stipendiary Justice Acts 1839 to 1895, and any person then employed whole-time to assist either of the clerks in the performance of the duties of his clerkship, shall be transferred to the employment of the magistrates' courts committee in such capacity and on such terms as the committee, with the approval of the Secretary of State, may determine.

(2) In sub-paragraph (1) above "the magistrates' courts committee " means the committee for the relevant county or county borough, and for this purpose the relevant county or county borough is that of which the council becomes liable under section 29 of the [1949 c. 101.] Justices of the Peace Act 1949 for the magistrate's salary or, if there is more than one, such one of them as the Secretary of State may determine.

(3) A person transferred by sub-paragraph (1) above to the employment of a magistrates' courts committee may at any time within six months from the appointed day be transferred by that committee, with the agreement of any other magistrates' courts committee and of that person, to the employment of the other magistrates' courts committee.

(4) For purposes of the [1937 c. 68.] Local Government Superannuation, Act 1937 on a person's transfer by virtue of this paragraph to the employment of a magistrates' courts committee the employment from which he is transferred shall be treated as having been employment by that committee; but this shall not affect the operation of section 29 of that Act (payment of transfer values).

14 The Secretary of State may by statutory instrument make regulations containing such provision as appears to him to be necessary or expedient for winding-up the affairs of the South Staffordshire Stipendiary Justice Commissioners or of the Staffordshire Potteries Stipendiary Justice Commissioners, and for the transfer and (if need be) apportionment of their property and liabilities, and with respect to the making and revision of any equitable adjustment between county and county borough councils in connection therewith.