Prisons and Courts Bill (HC Bill 170)

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(a) a person (P) is in default on a notice of penalty (within the
meaning of section 16K of the Magistrates’ Courts Act
1980), and

(b) paragraph 26 does not apply.”

(9) 5Until the coming into force of the amendments of Schedule 5 to the Courts
Act 2003 made by Schedule 11, a reference in Schedule 5 to the 2003 Act to a
fines officer has effect, in relation to a person who has been given a notice of
penalty (within the meaning of section 16K of the Magistrates’ Courts Act
1980), as a reference to any fines officer working at the fines office specified
10in the notice of penalty.”

Section 37

SCHEDULE 8 Practice directions

Part 1 Civil proceedings and family proceedings

15Power to give practice directions

1 Practice directions may be given in relation to—

(a) civil proceedings which are governed by online procedure rules;

(b) family proceedings which are governed by online procedure rules.

Contents of practice directions

2 (1) 20Practice directions under paragraph 1 that relate to civil proceedings may
provide for any matter which may be provided for in online procedure rules
relating to such proceedings.

(2) Practice directions under paragraph 1 that relate to family proceedings may
provide for any matter which may be provided for in online procedure rules
25relating to such proceedings.

Giving practice directions

3 (1) Practice directions under paragraph 1 may be given in accordance with the
CRA 2005 procedure.

(2) Practice directions under paragraph 1 may be given otherwise than in
30accordance with the CRA 2005 procedure; but, in this case, the directions
may not be given without the approval of—

(a) the Lord Chancellor, and

(b) the Lord Chief Justice.

(3) Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor
35for practice directions to the extent that they consist of guidance about—

(a) the application or interpretation of the law;

(b) the making of judicial decisions.

(4) Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor
for practice directions to the extent that they consist of criteria for

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determining which judges may be allocated to hear particular categories of
case; but the directions may, to that extent, be given only after consultation
with the Lord Chancellor (as well as with the approval of the Lord Chief
Justice required by sub-paragraph (2)(b)).

(5) 5A reference in this paragraph to directions being given in accordance with
the CRA 2005 procedure is a reference to the directions being given in
accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.

Particular provision in practice directions

4 The power under paragraph 1 to give practice directions includes power—

(a) 10to vary or revoke directions given under paragraph 1 by any person;

(b) to give directions containing different provision for different cases
(including different areas);

(c) to give directions containing provision for a specific court, for
specific proceedings or for a specific jurisdiction.

15Part 2 Proceedings the First-tier Tribunal and Upper Tribunal

Power to give practice directions

5 Practice directions may be given in relation to—

(a) proceedings in the First-tier Tribunal which are governed by online
20procedure rules;

(b) proceedings in the Upper Tribunal which are governed by online
procedure rules.

Contents of practice directions

6 (1) Practice directions under paragraph 5 that relate to proceedings in the First-
25tier Tribunal may provide for any matter which may be provided for in
online procedure rules relating to such proceedings.

(2) Practice directions under paragraph 5 that relate to proceedings in the
Upper Tribunal may provide for any matter which may be provided for in
online procedure rules relating to such proceedings.

30Giving practice directions

7 (1) The Senior President of Tribunals may give practice directions under
paragraph 5 in relation to any proceedings.

(2) The Senior President may not give practice directions without the approval
of the Lord Chancellor.

(3) 35A Chamber President may give practice directions under paragraph 5 in
relation to proceedings in the Chamber of the First-Tier Tribunal or Upper
Tribunal over which he or she presides.

(4) A Chamber President may not give practice directions without the approval
of—

(a) 40the Lord Chancellor, and

(b) the Senior President of Tribunals.

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(5) Sub-paragraph (2) or (4)(a) does not require the approval of the Lord
Chancellor for practice directions to the extent that they consist of guidance
about—

(a) the application or interpretation of the law;

(b) 5the making of decisions by members of the First-Tier Tribunal or
Upper Tribunal.

(6) Sub-paragraph (2) or (4)(a) does not require the approval of the Lord
Chancellor for practice directions to the extent that they consist of criteria for
determining which members of the First-Tier Tribunal or Upper Tribunal
10may be chosen to hear particular categories of case; but, in the case of
directions given by a Chamber President, the directions may, to that extent,
be given only after consultation with the Lord Chancellor (as well as with the
approval of the Senior President of Tribunals required by sub-paragraph
(4)(b)).

15Particular provision in practice directions

8 The power under paragraph 5 to give practice directions includes power—

(a) to vary or revoke directions given under paragraph 5 by any person;

(b) to give directions containing different provision for different cases
(including different areas);

(c) 20to give directions containing provision for a specific court, for
specific proceedings or for a specific jurisdiction.

Part 3 Proceedings in employment tribunals and the Employment Appeal Tribunal

Power to give practice directions

9 25Practice directions may be given in relation to—

(a) proceedings in employment tribunals which are governed by online
procedure rules;

(b) proceedings in the Employment Appeal Tribunal which are
governed by online procedure rules.

30Contents of practice directions

10 (1) Practice directions under paragraph 9 that relate to proceedings in
employment tribunals may provide for any matter which may be provided
for in online procedure rules relating to such proceedings.

(2) Practice directions under paragraph 9 that relate to proceedings in the
35Employment Appeal Tribunal may provide for any matter which may be
provided for in online procedure rules relating to such proceedings.

Giving practice directions

11 (1) The Senior President of Tribunals may give practice directions under
paragraph 9 in relation to any proceedings.

(2) 40The Senior President may not give practice directions without the approval
of the Lord Chancellor.

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(3) The President of the Employment Appeal Tribunal may give practice
directions under paragraph 9 in relation to proceedings in that Tribunal.

(4) A territorial president may give practice directions under paragraph 9 in
relation to proceedings in the employment tribunals for which he or she is
5responsible.

(5) The President of the Employment Appeal Tribunal or a territorial president
may not give practice directions without the approval of—

(a) the Lord Chancellor, and

(b) the Senior President of Tribunals.

(6) 10Sub-paragraph (2) or (5)(a) does not require the approval of the Lord
Chancellor for practice directions to the extent that they consist of guidance
about—

(a) the application or interpretation of the law;

(b) the making of decisions by members of the employment tribunals or
15the Employment Appeal Tribunal.

(7) Sub-paragraph (2) or (5)(a) does not require the approval of the Lord
Chancellor for practice directions to the extent that they consist of criteria for
determining which members of the employment tribunals or the
Employment Appeal Tribunal may be chosen to hear particular categories of
20case; but the directions may, to that extent, be given only after consultation
with the Lord Chancellor (as well as with the approval of the Senior
President of Tribunals required by sub-paragraph (5)(b)).

(8) In this paragraph “territorial president” means a person appointed in
accordance with regulations under section 1(1) of the Employment
25Tribunals Act 1996 as—

(a) President of the employment tribunals (England and Wales), or

(b) President of the employment tribunals (Scotland).

Particular provision in practice directions

12 The power under paragraph 9 to give practice directions includes power—

(a) 30to vary or revoke directions given under paragraph 9 by any person;

(b) to give directions containing different provision for different cases
(including different areas);

(c) to give directions containing provision for a specific court, for
specific proceedings or for a specific jurisdiction.

35Practice directions relating to mediation

13 (1) A person exercising the power to give practice directions must, when
making provision in relation to mediation, have regard to the following
principles—

(a) mediation of matters in dispute between parties to proceedings is to
40take place only by agreement between those parties;

(b) where parties to proceedings fail to mediate, or where mediation
between parties to proceedings fails to resolve disputed matters, the
failure is not to affect the outcome of the proceedings.

(2) Practice directions may provide for members to act as mediators in relation
45to disputed matters in a case that is the subject of proceedings.

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(3) The provision that may be made by virtue of sub-paragraph (2) includes
provision for a member to act as a mediator in relation to disputed matters
in a case even though the member has been chosen to decide matters in the
case.

(4) 5Before making a practice direction that makes provision in relation to
mediation, the person making the direction must consult ACAS.

(5) Once a member has begun to act in accordance with directions under this
Part of this Schedule as mediator in relation to a disputed matter in a case
that is the subject of proceedings, the member may decide matters in the case
10only with the consent of the parties.

(6) Staff appointed under section 40(1) of the Tribunals, Courts and
Enforcement Act 2007 (staff for employment and other tribunals) may,
subject to their terms of appointment, act in accordance with directions
under this Part of this Schedule as mediators in relation to disputed matters
15in a case that is the subject of proceedings.

(7) In this section—

  • ACAS” means the Advisory, Conciliation and Arbitration Service;

  • “member” means a member of a panel of members of employment
    tribunals (whether or not a panel of Employment Judges);

  • 20“practice direction” means a direction under paragraph 9;

    (ab) “proceedings” means proceedings before an employment tribunal.

Section 44

SCHEDULE 9 Amendments relating to the online procedure in courts and tribunals

Employment Tribunals Act 1996

1 (1) 25The Employment Tribunals Act 1996 is amended as follows.

(2) In Schedule A1 (as inserted by Schedule 10 to this Act) (Procedure Rules),
after paragraph 21 insert—

“Relationship with online procedure rules

21A (1) Procedure Rules must be framed so that the practice and
30procedure to be followed in proceedings of a specified kind are not
governed by those Rules except to the extent that the practice and
procedure are not, or have ceased to be, governed by online
procedure rules.

(2) In this section—

  • 35“online procedure rules” means rules made under section 37
    of the Prisons and Courts Act 2017;

  • “specified kind” means a kind of proceedings specified for
    the purposes of section 37 of the Prisons and Courts Act
    2017.”

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(3) In section 7A (practice directions), after subsection (2E) insert—

(2F) Practice directions under this section do not apply to proceedings
which are governed by online procedure rules.

(2G) In this section “online procedure rules” means rules made under
5section 37 of the Prisons and Courts Act 2017.”

(4) In section 7B (mediation), after subsection (5) insert—

(5A) Practice directions made by virtue of this section do not apply to
proceedings which are governed by online procedure rules.

(5B) In this section “online procedure rules” means rules made under
10section 37 of the Prisons and Courts Act 2017.”

(5) In section 29A (practice directions), after subsection (10) insert—

(11) Practice directions made under this section do not apply to
proceedings which are governed by online procedure rules.

(5B) In this section “online procedure rules” means rules made under
15section 37 of the Prisons and Courts Act 2017.”

Civil Procedure Act 1997

2 (1) The Civil Procedure Act 1997 is amended as follows.

(2) In section 1 (Civil Procedure Rules), after subsection (3) insert—

(4) Civil Procedure Rules must be framed so that the practice and
20procedure to be followed in proceedings of a specified kind are not
governed by those Rules except to the extent that the practice and
procedure are not, or have ceased to be, governed by online
procedure rules.

(5) In this section—

  • 25“online procedure rules” means rules made under section 37 of
    the Prisons and Courts Act 2017;

  • “specified kind” means a kind of proceedings specified for the
    purposes of section 37 of the Prisons and Courts Act 2017.”

(3) In section 5 (practice directions), after subsection (6) insert—

(7) 30Practice directions under this section do not apply to proceedings
which are governed by online procedure rules.

(8) In this section “online procedure rules” means rules made under
section 37 of the Prisons and Courts Act 2017.”

Courts Act 2003

3 (1) 35The Courts Act 2003 is amended as follows.

(2) In section 75 (Family Procedure Rules), after subsection (5) insert—

(6) Family Procedure Rules must be framed so that the practice and
procedure to be followed in proceedings of a specified kind are not
governed by those Rules except to the extent that the practice and

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procedure are not, or have ceased to be, governed by online
procedure rules.

(7) In this section—

  • “online procedure rules” means rules made under section 37 of
    5the Prisons and Courts Act 2017;

  • “specified kind” means a kind of proceedings specified for the
    purposes of section 37 of the Prisons and Courts Act 2017.”

(3) In section 81 (practice directions relating to family proceedings), at the end
insert—

(6) 10Practice directions under this section do not apply to proceedings
which are governed by online procedure rules.

(7) In this section “online procedure rules” means rules made under
section 37 of the Prisons and Courts Act 2017.”

Tribunals, Courts and Enforcement Act 2007

4 (1) 15The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

(2) In section 22 (Tribunal Procedure Rules), after subsection (5) insert—

(6) Tribunal Procedure Rules must be framed so that the practice and
procedure to be followed in proceedings of a specified kind are not
governed by those Rules except to the extent that the practice and
20procedure are not, or have ceased to be, governed by online
procedure rules.

(7) In this section—

  • “online procedure rules” means rules made under section 37 of
    the Prisons and Courts Act 2017;

  • 25“specified kind” means a kind of proceedings specified for the
    purposes of section 37 of the Prisons and Courts Act 2017.”

(3) In section 23 (practice directions), after subsection (7) insert—

(8) Practice directions under this section do not apply to proceedings
which are governed by online procedure rules.

(9) 30In this section “online procedure rules” means rules made under
section 37 of the Prisons and Courts Act 2017.”

Prisons and Courts Act 2017

5 Omit section 41(1) of the Prisons and Courts Act 2017.

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Section 49

SCHEDULE 10 Employment Tribunal Procedure

Part 1 New powers to make Procedure Rules

1 5The Employment Tribunals Act 1996 is amended as follows.

2 For section 7 substitute—

7 Procedure Rules

(1) There are to be rules governing the practice and procedure to be
followed in employment tribunals.

(2) 10Those rules are referred to in this Part as “Procedure Rules”.

(3) Procedure Rules are to be made by the Tribunal Procedure
Committee constituted under Part 2 of Schedule 5 to the Tribunals,
Courts and Enforcement Act 2007.

(4) Schedule A1 makes further provision about Procedure Rules.

(5) 15Subsection (1) is not limited by—

(a) Schedule A1, or

(b) any other provision (including future provision) authorising
or requiring the making of provision by Procedure Rules.

7AZA Power to amend legislation in connection with Procedure Rules

(1) 20The Lord Chancellor may by regulations amend, repeal or revoke
any enactment to the extent that the Lord Chancellor considers
necessary or desirable—

(a) in order to facilitate the making of Procedure Rules, or

(b) in consequence of—

(i) 25section 7,

(ii) Schedule A1, or

(iii) Procedure Rules.

(2) In this section “enactment” means any enactment whenever passed
or made, including an enactment comprised in subordinate
30legislation (within the meaning of the Interpretation Act 1978).”

3 For section 30 substitute—

30 Procedure Rules

(1) There are to be rules governing the practice and procedure to be
followed in the Appeal Tribunal.

(2) 35Those rules are referred to in this Part as “Procedure Rules”.

(3) Procedure Rules are to be made by the Tribunal Procedure
Committee constituted under Part 2 of Schedule 5 to the Tribunals,
Courts and Enforcement Act 2007.

(4) Schedule A1 makes further provision about Procedure Rules.

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(5) Subsection (1) is not limited by—

(a) Schedule A1, or

(b) any other provision (including future provision) authorising
or requiring the making of provision by Procedure Rules.

(6) 5Subject to regulations, Procedure Rules and directions under section
28(1) or 29A(1), the Appeal Tribunal has power to regulate its own
procedure.

30A Power to amend legislation in connection with Procedure Rules

(1) The Lord Chancellor may by regulations amend, repeal or revoke
10any enactment to the extent that the Lord Chancellor considers
necessary or desirable—

(a) in order to facilitate the making of Procedure Rules, or

(b) in consequence of—

(i) section 30,

(ii) 15Schedule A1, or

(iii) Procedure Rules.

(2) In this section “enactment” means any enactment whenever passed
or made, including an enactment comprised in subordinate
legislation (within the meaning of the Interpretation Act 1978).

30B 20Appeal tribunal: national security

(1) The Lord Chancellor may by regulations make, in relation to the
Appeal Tribunal, provision of a kind which may be made in relation
to employment tribunals under section 10(2), (5), (6) or (7).

(2) For the purposes of this section—

(a) 25the reference in section 10(2) to section 4 is to be treated as a
reference to section 28, and

(b) the reference in section 10(4) to the President or a Regional
Employment Judge is to be treated as a reference to a judge of
the Appeal Tribunal.

(3) 30Section 10B has effect in relation to a direction to or determination of
the Appeal Tribunal as it has effect in relation to a direction to or
determination of an employment tribunal.”

4 After section 42 insert—

42A References to Employment Tribunal Procedure Rules

35A reference to Employment Tribunal Procedure Rules in provision
made by or under another Act is a reference to rules made under
section 7 or 30 (or both) as the context requires.”

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5 Before Schedule 1 insert—

Sections 7 and 30

“Schedule A1 Procedure Rules

Part 1 Objectives

1 (1) 5Power to make Procedure Rules is to be exercised with a view to
securing—

(a) that, in proceedings before the relevant tribunal, justice is
done,

(b) that the tribunal system is accessible and fair,

(c) 10that proceedings before the relevant tribunal are handled
quickly and efficiently,

(d) that Procedure Rules are both simple and simply
expressed, and

(e) that Procedure Rules, where appropriate, confer
15responsibility on members of the relevant tribunal for
ensuring that proceedings are handled quickly and
efficiently.

(2) In sub-paragraph (1)(b) “the tribunal system” means the system
for deciding matters within the jurisdiction of the relevant
20tribunal.

Part 2 Content of Procedure rules
Delegation of functions to staff

2 (1) Procedure Rules may provide for functions of the relevant
25tribunal to be exercised by staff appointed under section 2(1) of the
Courts Act 2003 (court staff) or section 40(1) of the Tribunals,
Courts and Enforcement Act 2007 (tribunal staff).

(2) In making provision of the kind mentioned in sub-paragraph (1)
in relation to a function, Procedure Rules may (in particular)—

(a) 30provide for the function to be exercisable by a member of
staff only if the member of staff is, or is of a description,
specified in exercise of a discretion conferred by Procedure
Rules;

(b) provide for the function to be exercisable by a member of
35staff only if the member of staff is approved, or is of a
description approved, for the purpose by a person
specified in Procedure Rules.

(3) A person may exercise functions by virtue of this paragraph only
if authorised to do so by the Senior President of Tribunals.

(4) 40An authorisation under this paragraph—

(a) may be subject to conditions, and