sec.23Vacancy in office of clerk of court etc.

### sec.23 Vacancy in office of clerk of court etc. If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court. Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court. If a magistrate is discharging the duties of clerk of the court under subsection (1) , the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties. If, in relation to a place appointed for holding a Magistrates Court— the person appointed as clerk of the court for the place is a police officer; and there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place; a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence. Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court. s 23 prev s 23 om 1964 No. 32 s 15 pres s 23 ins 1992 No. 40 s 10 amd 1997 No. 38 s 57 (sec.23-ssec.1) If, in relation to a place appointed for holding a Magistrates Court, a clerk of the court is not appointed or is absent, a magistrate may discharge the duties of the clerk of the court. (sec.23-ssec.2) Anything done by or in relation to a magistrate acting under subsection (1) is taken to have been done by the clerk of the court. (sec.23-ssec.3) If a magistrate is discharging the duties of clerk of the court under subsection (1) , the magistrate may require a police officer to perform, or assist in performing, a specified part of the duties. (sec.23-ssec.3A) If, in relation to a place appointed for holding a Magistrates Court— the person appointed as clerk of the court for the place is a police officer; and there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place; a magistrate may require another appropriately qualified police officer to perform, or assist in performing, the duties or a specified part of the duties during the clerk’s absence. (sec.23-ssec.4) Anything done by or in relation to a police officer acting under subsection (3) or (3A) is taken to have been done by the clerk of the court. - (a) the person appointed as clerk of the court for the place is a police officer; and - (b) there is no magistrate available at the place to discharge the duties of the clerk of the court during the clerk’s absence from the place;