The Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 1998

• Citation: S.I. 1998/3107
• Sections: 7

Section 1 Citation and commencement

These Rules may be cited as the Justices' Clerks (Qualifications of Assistants) (Amendment) Rules 1998 and shall come into force on 1st January 1999.

Section 2 Interpretation

In these Rules, “ the Rules ” means the Justices' Clerks (Qualification of Assistants) Rules 1979 , and a reference to a rule or Schedule by number alone means the rule or Schedule so numbered in the Rules.

Section 3 Transitional provisions

(1) Rule 5 of these Rules shall apply to a person employed as a clerk in court for a term beginning on or after 1st January 1999 and only to such a person.

(2) The remainder of these Rules shall apply to any assistant whenever employed.

Section 4 Amendments to the Justices' Clerks (Qualification of Assistants) Rules 1979

The following shall be substituted for paragraphs (b) and (c) of the definition of “preliminary professional examination” in rule 2(1):–

(b) the final examination for a qualifying law degree recognised by the General Council of the Bar and the Law Society;

(c) the final examination for a post-graduate diploma in law recognised by the General Council of the Bar and the Law Society.

Section 5 Amendments to the Justices' Clerks (Qualification of Assistants) Rules 1979

The following provisions of the Rules shall be omitted:–

(a) in rule 2(1), the definitions of “certificate of competence” and “relevant course”;

(b) sub-paragraphs (b), (c) and (d) of rule 4(1);

(c) rule 4(2);

(d) Schedules 1 and 2.

Section 6 Amendments to the Justices' Clerks (Qualification of Assistants) Rules 1979

The following provisions of the Rules shall be omitted:–

(a) in rule 2(1), the definition of “training certificate”;

(b) Schedule 3.

Section 7 Amendments to the Justices' Clerks (Qualification of Assistants) Rules 1979

The following shall be substituted for rule 5:–

(5) An assistant born on or after 1st January 1959 and employed as a clerk in court on 31st December 1998 may not continue to be employed as a clerk in court at any time after 31st December 2008 unless he possesses one of the qualifications mentioned in Rule 4(1)(a).