45Validation

45 Validation

[Section 45 Inserted by No. 19 of 2021, s. 12, Applied:05 Nov 2021]

(1)  In this section –

amending Act means the Validation Act 2021 ;

commencement day means the day on which this Act commenced;

validation day means the day on which the amending Act commences.

(2)  If –

(a) a person was a person who held, immediately before the commencement day, the office of Justice of the Peace in accordance with an appointment under section 4(1) of the Justices Act 1959 or who is taken, in accordance with section 43(8) , to be such a person for the purposes of section 43 ; and

(b) the person did not, before the commencement day, notify the Secretary under section 43(2) or (5) that he or she wishes to continue in the office of Justice of the Peace; and

(c) after the commencement day but before the validation day, the person purported to perform or exercise a function or power of a Justice of the Peace under this Act –

then, despite any other provision of this Act, and irrespective of whether or not the person was eligible under section 8 to be appointed as a Justice of the Peace under that section –

(d) the person is to be taken to have been, and to always have been, validly appointed under section 8 as a Justice of the Peace on and from the commencement day until the validation day; and

(e) the performance or exercise of the function or power is not to be taken to be, or to ever have been, invalid by reason only that the person was not, but for this section, validly appointed under section 8 as a Justice of the Peace on and from the commencement day until the validation day.