Civil Law (Miscellaneous Provisions) Act 2008

8.

Amendment of section 48 of Court Officers Act 1926.

8.— Section 48 of the Court Officers Act 1926 is amended—

( a) in subsection (1)—

(i) by inserting “by regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and

(ii) by inserting “by such regulations” after “provided by statute”,

and

( b) by inserting the following after subsection (2):

“(3) An assignment under subsection (1) of a district court clerk to a district court area may be—

( a) a permanent assignment,

( b) a temporary assignment, or

( c) a temporary assignment in addition to any permanent assignment.

(4) Where subsection (3)( c) applies to a district court clerk, the temporary assignment concerned shall be without prejudice to the exercise of all such powers and authorities and the performance of all such duties and functions for the time being conferred or imposed on him or her by law in relation to any district court area to which he or she is permanently assigned.

(5) Where a temporary assignment under subsection (1) of a district court clerk to a district court area is made pursuant to a direction given orally under that subsection, the Courts Service shall cause a record in writing to be made and kept, in such manner as the Courts Service thinks fit, of the direction.

(6) A record in writing referred to in subsection (5) shall, in any proceedings, be evidence that the district court clerk to which the record relates was temporarily assigned to the district court area to which the record relates until the contrary is shown.”.