Section 41 Role of justices’ chief executive.F1

England and Wales

(1)

The justices’ chief executive appointed by any magistrates’ courts committee shall make arrangements for the efficient and effective administration of the magistrates’ courts for the area to which the committee relates.

(2)

For that purpose the administration of the magistrates’ courts for the area to which a magistrates’ courts committee relates includes—

(a)

the exercise of the function of acting as clerk to the committee; and

(b)

the exercise of all of the functions conferred or imposed on justices’ chief executives by or under any other enactment so far as relating to any of those courts or that committee.

(3)

The duty imposed on a justices’ chief executive by subsection (1) above shall in particular require him—

(a)

to allocate responsibility for what falls to be done in the exercise of his functions among justices’ clerks and the staff of the committee; and

(b)

to determine the administrative procedures to be followed by them.

(4)

The justices’ chief executive appointed by a magistrates’ courts committee shall make arrangements for discussions relating to matters of law (including procedure and practice) among the justices’ clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.

(5)

The justices’ chief executive appointed by a magistrates’ courts committee shall perform—

(a)

the duties imposed on him by this section; and

(b)

any other functions conferred or imposed on him by or under any other enactment,

in accordance with any directions given to him by the committee.

(6)

Subject to section 48 below, the justices’ chief executive appointed by a magistrates’ courts committee may give directions to justices’ clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment).

Annotations

Textual amendments

F1: S. 41 and sidenote substituted (27.9.1999) by 1999 c. 22, s. 88(1) (with Sch. 14 para. 7(2)); S.I. 1999/2657, art. 2(c)(iii)

Notes on the whole Act

Textual amendments

F1: Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)