Rule 3 I1
England and Wales
The things specified in F1paragraphs 1 to 36 of Schedule 1 F2... to these Rules, being authorised to be done by, to or before a justices' clerk, may be done by, to or before an assistant clerk, provided that that person has been specifically authorised by the justices' clerk for that purpose, and any F3reference in these Rules to a justices' clerk shall be taken to include such a person.
The powers authorised to be exercised by a justices' clerk at an early administrative hearing under section 50 of the Crime and Disorder Act 1998f1 may be exercised instead by an assistant clerk who has been specifically authorised by the justices' clerk for that purpose.
Any authorisation by the justices' clerk under paragraph (1) or (2) above shall be recorded in writing at the time the authority is given or as soon as practicable thereafter.
Annotations
Textual amendments
- F1
Words in rule 3(1) substituted (6.4.2011) by The Justices’ Clerks (Amendment) Rules 2011 (S.I. 2011/633), rules 1, 4(a) (with rule 9)
- F2
Words in rule 3(1) omitted (22.4.2014) by virtue of The Crime and Courts Act 2013 (Family Court: Consequential Provision) (No.2) Order 2014 (S.I. 2014/879), arts. 1(1), 89
- F3
Words in rule 3(1) substituted (6.4.2011) by The Justices’ Clerks (Amendment) Rules 2011 (S.I. 2011/633), rules 1, 4(b) (with rule 9)
Commencement
- I1
Rule 3 in force at 1.4.2005, see rule 1
Footnotes
- f1