Section 44 Terms of employment of justices’ chief executives, justices’ clerks and staff.

England and Wales

(1)

Except as provided by this Act, a justices’ chief executive or justices’ clerk—

(a)

shall be employed by the magistrates’ courts committee on such terms as they may determine; and

(b)

shall hold and vacate office in accordance with the terms of his contract of service.

F1(1A)

The approval of the Lord Chancellor shall be required for any determination by a magistrates’ courts committee reducing the salary of a justices’ clerk or justices’ chief executive, unless the justices’ clerk or justices’ chief executive concerned consents to the reduction.

(2)

A magistrates’ courts committee may employ staff on such terms as they think fit.

(3)

Without prejudice to the generality of subsection (1) of section 144 of the M1Magistrates’ Courts Act 1980, the power conferred by that section to make rules for regulating and prescribing the procedure and practice to be followed by justices’ clerks includes power to provide that, subject to any exceptions prescribed by the rules, persons—

(a)

shall not be employed to assist a justices’ clerk in any capacity so prescribed; or

(b)

shall not be permitted to do on behalf of a justices’ clerk any such acts as may be so prescribed,

unless those persons are qualified to be appointed justices’ clerk or have such other qualifications as may for any purpose be allowed by the rules or approved by the Lord Chancellor in accordance with the rules.

Annotations

Textual amendments

F1: S. 44(1A) inserted (1.3.2000) by 1999 c. 22, s. 83(3), Sch. 12 paras. 9, 12 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 3(a)(ii) (with art. 4, Sch. 2)

Marginal citations

M1: 1980 c. 43.

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F1: Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)