§ Mr. Nicholas Brownasked the Attorney-General what is the mechanism for inviting clerks to the justices to seek early retirement; and what arrangements are made in this respect.
§ Mr. MellorI have been asked to reply.
Under section 25 of the Justices of the Peace Act 1979, the appointment of a justices' clerk, subject to the approval of the Home Secretary, is a matter for the magistrates' courts committee, and the clerk then holds office during the committee's pleasure. For termination of an appointment, whether on early retirement grounds or otherwise, the Secretary of State's approval is required only where the magistrates for the division or divisions for which the clerk is appointed do not consent to the decision. Justices' clerks are pensionable under the Local 481W Government Superannuation Regulations 1974 (SI 520/1974) and retiring awards would be calculated in accordance with those regulations.