Part IV

Justices’ chief executives, justices’ clerks and staff

Appointment of justices’ chief executive.
40
1
Every magistrates’ courts committee shall appoint a justices’ chief executive.
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.
2
A person may not be appointed as justices’ chief executive unless—
a
the magistrates’ courts committee have submitted to the Lord Chancellor, in accordance with regulations, an application for approval of one or more persons offering themselves for appointment;
b
the Lord Chancellor has approved one or more of those persons; and
c
the person appointed is a person so approved.
3
Where a person employed as a justices’ chief executive under a contract for a fixed term is re-appointed on the expiry of that term, subsection (2) above does not apply in relation to the re-appointment.
4
Where the Lord Chancellor declines to approve any person who is named in an application under subsection (2)(a) above, he shall inform the magistrates’ courts committee of the reasons for his decision.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
A person may not be appointed both as justices’ chief executive and as justices’ clerk for a petty sessions area unless the Lord Chancellor has agreed that he may hold both appointments.
7
Where, in accordance with subsection (6) above, a person holds an appointment as justices’ chief executive with an appointment as justices’ clerk for a petty sessions area, he shall not exercise any functions as justices’ clerk for the petty sessions area unless authorised to do so (either generally or in any particular case) by the magistrates’ courts committee for the area which includes that petty sessions area.
8
In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument which may make different provision in relation to the Greater London Magistrates’ Courts Authority and other magistrates’ courts committees; and a statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)
S. 40(2)(a)(b) extended (30.6.1999) by S.I.1999/1609, arts. 1, 5, Sch. para. 7(2)
S. 40(2)(a)(b) extended (12.7.1999) by S.I. 1999/1705, arts. 1, 5, Sch. para. 7(2)
S. 40(1A) inserted (27.9.1999) by 1999 c. 22, s. 88(3) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(iii)
S. 40(5) repealed (27.9.1999) by 1999 c. 22, ss. 87, 106, 108(3)(c), Sch. 15 Pt. V(7) (with Sch. 14 paras. 7(2), 36(9)); S.I. 1999/2657, art. 2(d)(ii)(c)
Words in s. 40(8) inserted (27.9.1999 as relating to Sch. 12 para. 11 of the amending Act and 1.3.2000 as realting to Sch. 12 para. 9 of the amending Act) by 1999 c. 22, s. 83, Sch. 12 paras. 9, 11 (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(ii); S.I. 1999/3344, art. 3(a)(ii) (with art. 4, Sch. 2)