Section 52 Immunity for certain acts beyond jurisdiction.

England and Wales

F1(1)

An action shall lie against any justice of the peace or justices’ clerk in respect of any act or omission of his—

(a)

in the purported execution of his duty—

(i)

as such a justice; or

(ii)

as such a clerk exercising, by virtue of any statutory provision, any of the functions of a single justice; but

(b)

with respect to a matter which is not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

F2(2)

In this section references to a justices’ clerk include any person appointed by a magistrates’ courts committee to assist a justices’ clerk.

Annotations

F1: S. 52 renumbered as s. 52(1) (1.4.2001) by 1999 c. 22, s. 100 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(b)(i) (subject to transitional provisions in Sch. 2 para. 2)
F2: S. 52(2) inserted (1.4.2001) by 1999 c. 22, s. 100 (with Sch. 14 para. 7(2)); S.I. 2001/916, art. 2(b)(i) (subject to transitional provisions in Sch. 2 para. 2)

F1: Act repealed (1.4.2005) by Courts Act 2003 (c. 39), ss. 6(4), 109(3), 110(1), Sch. 10; S.I. 2005/910, art. 3(aa) (with transitional provisions and savings in S.I. 2005/911)