Explanatory note

These Rules amend the Justices’ Clerks Rules 2005 (S.I. 2005/545) (“the 2005 Rules”). Rule 5 inserts a new rule 3A in the 2005 Rules to provide that where a justices’ clerk is performing certain functions and considers it inappropriate to perform those functions, the justices’ clerk must refer the matter to a magistrates’ court.

Rule 8 and the Schedule insert a new Schedule 2 to the 2005 Rules to specify which of the functions which are authorised to be done to, by or before a single justice of the peace may be done to, by or before a justices’ clerk.

Rules 3, 4, 6 and 7 make consequential amendments to the 2005 Rules and transitional provision is made in rule 9.