Part V

Protection and indemnification of justices and justices’ clerks

Immunity for certain acts beyond jurisdiction.
52
1
An action shall lie against any justice of the peace or justices’ clerk in respect of any act or omission of his—
a
in the purported execution of his duty—
i
as such a justice; or
ii
as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but
b
with respect to a matter which is not within his jurisdiction,
if, but only if, it is proved that he acted in bad faith.
2
In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.
Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)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. 52 renumbered as s. 52(1) (1.4.2001) by 1999 c. 22, s. 100 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(b)(i) (subject to transitional provisions in Sch. 2 para. 2)
S. 52(2) inserted (1.4.2001) by 1999 c. 22, s. 100 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(b)(i) (subject to transitional provisions in Sch. 2 para. 2)