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Section 30 Person acting as substitute clerk to justices.

England and Wales

(1)

The provisions of this section shall have effect where, in any petty sessions area F1. . ., a person who is not the justices’ clerk or one of the justices’ clerks appointed in that petty sessions area by the magistrates’ courts committee acts as clerk to the justices for that petty sessions area.

(2)

Subject to any rules made under F2section 144 of the Magistrates’ Courts Act 1980and to subsection (3) below, the person so acting shall be treated as having acted as deputy to the justices’ clerk appointed by the magistrates’ courts committee in that petty sessions area, and shall make a return to the justices’ clerk so appointed of all matters done before the justices and of all matters that the clerk to the justices is required to register or record.

(3)

In relation to a petty sessions area in which there are two or more justices’ clerks appointed by the magistrates’ courts committee, any reference in subsection (2) above to the justices’ clerk so appointed shall be construed as a reference to such one of them as may be designated for the purpose by the committee.

Annotations

Textual amendments

F1

Words in s. 30(1) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. I para. 13, Sch. 9 Pt.II; S.I. 1995/685, arts. 7(1)(e),8(i)

F2

Words substituted by Magistrates' Courts Act 1980 (c.43, SIF 82), s. 154(1), Sch. 7 para. 196

Notes on the whole Act

Textual amendments

F1

Act repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with savings in Sch. 4 Pt. II paras. 6(a), 23, 28 and saving (temp.) for ss. 58 and 70 of the repealed Act in Sch. 4 Pt. II para. 7(2)(a)

Notes on Part II

Modifications

C1

Pt. II (ss. 17-30) extended (1.11.1994 for specified purposes and 1.4.1995 for all remaining purposes) by 1994 c. 29, s. 79(2)(6); S.I. 1994/2594, art. 4; S.I. 1995/685, art. 3.