First Previous (FIFTH SCHEDULE Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof) Next (SEVENTH SCHEDULE Existing courts and corresponding courts established by the Principal Act, and judges of existing courts and corresponding judges of courts established by the Principal Act)

39 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT, 1961

SIXTH SCHEDULE

Assignment of justices of District Court to district court districts

Section 32 (3) .

Definitions.

1. In this Schedule—

district” means a district court district;

district justice” means a justice of the District Court, but does not include a temporary district justice;

temporary district justice” means a person appointed under section 51 of the Act of 1936, as applied by section 48 of this Act to act as a district justice.

Permanent assignment of district justices to districts.

2. (1) (a) Where a person is appointed a district justice, then, subject to clause (b) of this subparagraph, the Government, if they think fit, may, upon such appointment, assign him permanently to a particular district.

(b) Where, at the time of the appointment of a person to be a district justice, there are four district justices not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district.

(2) Where a district justice is not upon appointment permanently assigned to a particular district, the Government may at any time assign him permanently to a particular district.

(3) A district justice who is permanently assigned to a particular district may, with his consent, be transferred by the Minister to another district and, if he is so transferred, he shall upon such transfer become and be permanently assigned to such other district in lieu of being permanently assigned to such first-mentioned district.

(4) (a) Where a district justice is permanently assigned to a particular district, the Government, at his request, may, if they think fit, terminate his permanent assignment to that district.

(b) Where the permanent assignment of a district justice is terminated under clause (a) of this subparagraph, the Government may at any time thereafter assign him permanently to a particular district.

Temporary assignment to districts of district justices and temporary district justices.

3. (1) A district justice who is permanently assigned to a particular district may, with his consent, from time to time be temporarily assigned by the Minister to another district, but such temporary assignment shall be without prejudice to the exercise and performance by him of the privileges, powers and duties for the time being conferred or imposed on him by law in relation to the district to which he is permanently assigned.

(2) A district justice who is not for the time being permanently assigned to a district may from time to time be assigned by the Minister to any district.

(3) A temporary district justice may from time to time be temporarily assigned by the Minister to any district.

(4) Where a person is temporarily assigned to a district under subparagraph (1), (2) or (3) of this paragraph—

(a) in case there is for the time being a district justice permanently assigned to that district—he shall, in relation to that district have, while so temporarily assigned, concurrently with that district justice, all the privileges, powers and duties for the time being conferred or imposed by law on that district justice,

(b) in any other case—he shall, in relation to that district have, while so temporarily assigned, all such privileges, powers and duties as would for the time being be conferred or imposed by law if he were a district justice permanently assigned to that district.

(5) The Minister may at any time terminate a temporary assignment made under this paragraph.

District justice acting in certain cases for another district justice who is permanently assigned to a district.

4. (1) Wherever it appears to the President of the District Court, on the representation of a justice of the District Court permanently assigned to a particular district, that such justice cannot properly deal with any matter before him by reason of the fact that he has a personal interest therein or such personal knowledge of the facts or of the parties as might prejudice the trial of that matter, the President of the District Court may nominate another justice of the District Court, who so consents, to hear and determine that matter in that district and, if the President does so, then that matter may be heard and determined accordingly.

(2) In the case of illness or absence of the district justice permanently assigned to a district (in this subparagraph referred to as the first justice), another district justice may, with the consent of the Minister (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law in relation to the district to which he is permanently assigned) exercise and perform during such illness or absence, the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.

(3) Where a district justice permanently assigned to a particular district (in this subparagraph referred to as the first justice) requests another district justice (in this subparagraph referred to as the second justice) to act for him during a specified period (not exceeding seven days) the second justice may (in addition, if he is permanently assigned to another district, to exercising and performing the privileges, powers and duties conferred by law on him in relation to the district to which he is permanently assigned) exercise and perform during that period the privileges, powers and duties for the time being conferred or imposed by law on the first justice in relation to the district to which the first justice is permanently assigned.