SCHEDULES

I1SCHEDULE 8 MAGISTRATES’ COURTS: MINOR AND CONSEQUENTIAL AMENDMENTS

Annotations:
Commencement Information
I1

Sch. 8 partly in force; Sch. 8 not in force at Royal Assent, see s. 94(1)(2); Sch. 8 in force for certain purposes at 1.11.1994, 3.2.1995, 1.4.1995 and otherwise prosp. by S.I. 1994/2594, arts. 3(l), 6; S.I. 1995/42, art. 2; S.I. 1995/685, arts. 4(l), 7

F1Part I

Annotations:
Amendments (Textual)
F1

Sch. 8 Pt. I (ss. 1-23) repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt. I (with Sch. 4 para. 27)

18

1

Section 53 (indemnification of justices and justices’ clerks) shall be amended as follows.

2

In subsection (3), in paragraph (b), for the words “the local authority" there shall be substituted the words “ any paying authority ”.

3

After subsection (3) there shall be inserted—

3A

Where there are two or more paying authorities in relation to any justice or justices’ clerk, any question as to the extent to which the funds required to indemnify him are to be provided by each authority shall be determined by agreement between those authorities and the magistrates’ courts committee concerned or, in default of such agreement, shall be determined by the Lord Chancellor.

4

In subsection (4) for the words “this section" there shall be substituted the words “ subsection (3) above ”.

5

For subsection (5) there shall be substituted—

5

In this section—

  • “justices’ clerk” includes any person appointed by a magistrates’ courts committee to assist a justices’ clerk,

  • “local funds”, in relation to a justice or justices’ clerk, means funds out of which the expenses of the magistrates’ courts committee for the area for which he acted at the material time are payable, and

  • “paying authority”, in relation to a justice or justices’ clerk, means any authority which is a paying authority for the purposes of section 55 of this Act in relation to the magistrates’ courts committee for the area for which he acted at the material time.