# The Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 2001

S.I. 2001/2269 · made 21 June 2001

These Rules amend the Justices' Clerks (Qualifications of Assistants) Rules 1979 so as to:remove the requirement that to be employed as a clerk in court after 31st December 2008, a court clerk employed on 31st December 1998, who had not attained the age of 40 at that date, must qualify as a barrister or solicitor or pass all the examinations for one of those professions; andprovide that a person employed as a clerk in court before 1st January 1999 who is not qualified under rule 4(1)(a) (that is to say, as a solicitor or barrister, or by having passed all the examinations for one of those professions) may accept further contracts of employment as a clerk in court, regardless of any interval between successive contracts.

Made under: Magistrates’ Courts Act 1980 (Section 144); Justices of the Peace Act 1997 (repealed) (Section 44)

PDFs: Printed copy https://openlegislation.uk/justices-clerks-qualifications-of-assistants-amendment-rules-2001/pdf/uksi_20012269_en.pdf

## Introductory text

MAGISTRATES' COURTS, ENGLAND AND WALES
Made 21st June 2001
Laid before Parliament 21st June 2001
Coming into force 13th July 2001
The Lord Chancellor, in exercise of the powers conferred on him by subsection (1) of section 144 of the Magistrates' Courts Act 1980 as extended by section 44(3) of the Justices of the Peace Act 1997, after consultation with the Rule Committee appointed under the said section 144, makes the following Rules:

## 1 Citation and commencement

These Rules may be cited as the Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 2001 and shall come into force on 13th July 2001.

## 2 Interpretation

In these Rules, “the Rules” means the Justices' Clerks (Qualifications of Assistants) Rules 1979, and a reference to a rule by number alone means the rule so numbered in the Rules.

## 3 Transitional Provisions

These Rules shall apply to any person employed as a clerk in court whenever so employed.

## 4 Amendments to the Justices' Clerks (Qualifications of Assistants) Rules 1979

The following provisions of the Rules shall be omitted—
(a) in rule 2(1), the definitions of “Joint Negotiating Committee” and “preliminary professional examination”;
(b) in rule 2A(1)(a), the words “provided that no more than three calendar months have elapsed between any two successive periods of employment”;
(c) rule 2A(2);
(d) in rule 3, the reference to rule 5; and
(e) rule 5.

## 5 Amendments to the Justices' Clerks (Qualifications of Assistants) Rules 1979

In rule 6, the words “rules 3 to 4 above” shall be substituted for the words “rules 3 to 5 above”.

## Signature

Irvine of Lairg, C.
21st June 2001

## Explanatory note

(This note is not part of the Rules)
These Rules amend the Justices' Clerks (Qualifications of Assistants) Rules 1979 so as to:
(a) remove the requirement that to be employed as a clerk in court after 31st December 2008, a court clerk employed on 31st December 1998, who had not attained the age of 40 at that date, must qualify as a barrister or solicitor or pass all the examinations for one of those professions; and
(b) provide that a person employed as a clerk in court before 1st January 1999 who is not qualified under rule 4(1)(a) (that is to say, as a solicitor or barrister, or by having passed all the examinations for one of those professions) may accept further contracts of employment as a clerk in court, regardless of any interval between successive contracts.
The Rules also make minor drafting amendments.

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Source: https://www.legislation.gov.uk/uksi/2001/2269 (the official version)
Page: https://openlegislation.uk/justices-clerks-qualifications-of-assistants-amendment-rules-2001
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.