Part IV Justices’ chief executives, justices’ clerks and staff
42 Appointment and removal of justices’ clerks.
(1)
Justices’ clerks shall be appointed by the magistrates’ courts committee; and a magistrates’ courts committee may appoint more than one justices’ clerk for any petty sessions area.
(2)
A person may not be appointed as justices’ clerk 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 the 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’ clerk 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)
The approval of the Lord Chancellor shall be required—
(a)
for any decision to increase the number of justices’ clerks for a petty sessions area or to have more than one justices’ clerk for a new petty sessions area; or
(b)
for the removal of the justices’ clerk for a petty sessions area where the magistrates for the area do not consent to the removal.
(6)
A magistrates’ courts committee shall consult the magistrates for any petty sessions area—
(a)
on the appointment of a justices’ clerk for the area, except in the case of a re-appointment on the expiry of a fixed term; or
(b)
on the removal of a justices’ clerk for the area.
(7)
Before—
(a)
approving any person under subsection (2) above; or
(b)
approving the removal of a justices’ clerk,
the Lord Chancellor shall consider any representations made to him by the magistrates for the petty sessions area concerned; and before approving the removal of a justices’ clerk the Lord Chancellor shall also consider any representations made to him by the clerk.
(8)
Where a person is employed as a justices’ clerk under a contract for a fixed term, the expiry of that term without renewal shall be treated for the purposes of subsections (5) to (7) above as his removal as justices’ clerk, unless he has consented to the failure to renew.
(9)
In this section “regulations” means regulations made by the Lord Chancellor by statutory instrument; 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.