Section 30A Independence of justices’ clerk and staff in relation to legal functions.F1

England and Wales

(1)

When exercising the functions specified in subsection (2) below or giving advice to justices of the peace in an individual case—

(a)

a justices’ clerk shall not be subject to the direction of the magistrates’ courts committee, the justices’ chief executive or any other person, and

(b)

any member of the staff of a magistrates’ courts committee shall not be subject to the direction of that committee or of the justices’ chief executive (when acting as such).

(2)

The functions referred to in subsection (1) above are functions conferred by rules made in accordance with section 144 of the M1Magistrates’ Courts Act 1980 by virtue of section 28(1) or (1A) of this Act.

Annotations

Textual amendments

F1: S. 30A inserted (1.11.1994) by 1994 c. 29, s.78; S.I. 1994/2594, art.3

Marginal citations

M1: 1980 c. 43.

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F1: Act repealed (19.6.1997) by 1997 c. 25, ss. 73(3), 74(1), Sch. 6 Pt.I (with savings in Sch. 4 Pt.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 for ss. 58 and 70 of the repealed Act in Sch. 4 Pt.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.