Article 10 Defrayal by Lord Chancellor of expenses in connection with proceedings
The Lord Chancellor, with the approval of the Treasury, may defray the whole or part of any expenses incurred by a resident magistrateF1, by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution of the office of that resident magistrate, lay magistrate or clerkF2 in relation to any matter other than a criminal matter if and in so far as it appears to the Lord Chancellor to be reasonable, having regard to the circumstances, that such expenses, or part of them should not be borne by that magistrate, justice or clerk personally.
The Lord Chancellor shall defray any expenses reasonably incurred by a resident magistrate, by a lay magistrate or by a clerk of petty sessions in, or in connection with, any proceedings or claim brought as a result of the execution, or purported execution, of the office of that resident magistrate, lay magistrate or clerk in relation to any criminal matter, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.
In this Article “expenses” includes damages or costs and any sums payable in connection with a settlement of proceedings or of a claim.
Annotations
Textual amendments
- F1
- F2
Modifications
- C1
Art. 10(1): functions of Treasury or Minister for the Civil Service transferred to Department of Finance and Personnel (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 15(4)(f) (with arts. 15(6), 28-31); S.I. 2010/977, art. 1(2)