House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Courts Bill [HL]


Courts Bill [HL]
Part 9 — Final provisions

    58

 

 106   Rules, regulations and orders

     (1)    Any power of the Lord Chancellor to make rules, regulations or orders under

this Act is exercisable by statutory instrument.

     (2)           None of the orders and regulations mentioned in subsection (3) may be made

unless a draft of the statutory instrument containing the order or regulations

5

has been laid before, and approved by a resolution of, each House of

Parliament.

     (3)           The orders and regulations are—

           (a)           the first order to be made under section 4 (areas of courts boards);

           (b)           regulations under section 34(5) (costs in legal proceedings);

10

           (c)           an order under section 36(6) or (8) (power to make permanent

provision about collection of fines by fines officers);

           (d)           an order under—

                  (i)                 section 73 or 80 (powers to amend enactments in connection

with Criminal Procedure Rules and Family Procedure Rules), or

15

                  (ii)                section 107 (power to make consequential provision etc.),

                         which contains any provision (whether alone or with other provisions)

amending or repealing any Act or provision of an Act;

           (e)           regulations under Schedule 1.

     (4)    A statutory instrument containing—

20

           (a)           the first order to be made under section 8 (local justice areas), or

           (b)           regulations under section 40 (payments, accounting and banking by

designated officers),

            is to be laid before Parliament after being made.

     (5)    Any other statutory instrument, apart from one containing an order under

25

section 108 (commencement), is subject to annulment in pursuance of a

resolution of either House of Parliament.

     (6)    Any power of the Lord Chancellor to make rules, regulations or orders under

this Act includes power to make—

           (a)           any supplementary, incidental or consequential provision, and

30

           (b)           any transitory, transitional or saving provision,

            which he considers necessary or expedient.

     (7)    Nothing in this section applies to—

           (a)           rules made under Part 7 (Criminal Procedure and Family Procedure

Rules), or

35

           (b)           an order made under section 100 (power to alter judicial titles:

Northern Ireland).

 107   Minor and consequential amendments, repeals, etc.

     (1)    Schedule 7 contains minor and consequential amendments.

     (2)    Schedule 8 contains repeals.

40

     (3)    The Lord Chancellor may by order make—

           (a)           any supplementary, incidental or consequential provision, and

           (b)           any transitory, transitional or saving provision,

 

 

Courts Bill [HL]
Part 9 — Final provisions

    59

 

            which he considers necessary or expedient for the purposes of, in consequence

of, or for giving full effect to any provision of this Act.

     (4)    An order under subsection (3) may, in particular—

           (a)           provide for any provision of this Act which comes into force before

another such provision has come into force to have effect, until that

5

other provision has come into force, with such modifications as are

specified in the order, and

           (b)                         amend, repeal or revoke any enactment other than one contained in an

Act passed in a Session after that in which this Act is passed.

     (5)    The amendments that may be made under subsection (4)(b) are in addition to

10

those made by or under any other provision of this Act.

 108   Commencement

     (1)    Subject to subsection (2), this Act comes into force in accordance with provision

made by order by the Lord Chancellor.

     (2)    Subsection (1) does not apply to section 42, 94, 105, 106, 107(3) to (5), this

15

section or section 109 or 110.

     (3)    An order under this section may appoint different days for different provisions

and different purposes.

 109   Extent

     (1)    Subject to subsections (2) and (3), this Act extends only to England and Wales.

20

     (2)    Subsection (1) does not apply to section 59(3), 90, 91, 98, 99, 100, 101, 102, 103,

104 or 107.

     (3)    Subject to any provision made in Schedule 7, the amendments and repeals

made by Schedules 5, 7 and 8 have the same extent as the enactments to which

they relate.

25

 110   Short title

     (1)    This Act may be cited as the Courts Act 2003.

     (2)    Nothing in this Act shall impose any charge on the people or on public

funds, or vary the amount or incidence of or otherwise alter any such charge

in any manner, or affect the assessment, levying, administration or

30

application of any money raised by any such charge.

 

 

Courts Bill [HL]
Schedule 1 — Constitution and procedure of courts boards

60

 

Schedules

Schedule 1

Section 4

 

Constitution and procedure of courts boards

Constitution

  1        The members of each courts board are to be appointed by the Lord

5

Chancellor.

  2        Each board must have—

              (a)             at least one member who is a judge,

              (b)             at least two members who are lay justices who are assigned to a local

justice area the whole or a part of which is included in the board’s

10

area,

              (c)             at least two other members who are persons appearing to the Lord

Chancellor to have appropriate knowledge or experience of the work

of the courts in the area for which the board acts, and

              (d)             at least two more members who are persons appearing to the Lord

15

Chancellor to be representative of people living in that area,

           and may have such other members of a description mentioned in sub-

paragraphs (a) to (d) as the Lord Chancellor considers appropriate.

  3        Regulations may make provision in relation to the appointment of members

of courts boards, including in particular provision about the procedures to

20

be followed in connection with appointments.

Chairman

  4        Regulations may make provision as to the selection of one of the members

of each courts board to be its chairman.

Tenure of office

25

  5       (1)      Regulations may make provision as to—

              (a)             the term of office of chairmen and members of courts boards;

              (b)             their resignation, suspension or removal.

          (2)      Subject to the regulations, a person is to hold and vacate office as a member

of a courts board in accordance with the terms of the instrument appointing

30

him.

 

 

Courts Bill [HL]
Schedule 2 — Abolition of magistrates’ courts committees: transfers
Part 1 — Property transfer schemes

    61

 

Payments in respect of expenses, etc.

  6        The Lord Chancellor may make such payments to or in respect of members

of courts boards by way of reimbursement of expenses, allowances and

remuneration as he may determine.

Procedure

5

  7        Regulations may make provision about—

              (a)             the procedure of courts boards (including quorum);

              (b)             the validation of proceedings in the event of a vacancy among the

members of a courts board or a defect in the appointment of a

member.

10

Interpretation

  8        In this Schedule “regulations” means regulations made by the Lord

Chancellor.

Schedule 2

Section 6

 

Abolition of magistrates’ courts committees: transfers

15

Part 1

Property transfer schemes

Property transfer schemes: general

  1       (1)      The Lord Chancellor may make a scheme or schemes for the transfer to him

or another Minister of the Crown of any property, rights or liabilities—

20

              (a)             to which magistrates’ courts committees are entitled or subject

immediately before the appointed day, or

              (b)             to which any of the persons specified in sub-paragraph (2) is entitled

or subject immediately before the appointed day and which then

subsist for the purposes of, or in connection with, or are otherwise

25

attributable to, magistrates’ courts.

          (2)      The persons are—

              (a)             an authority which is a responsible authority for the purposes of the

Justices of the Peace Act 1997 (c. 25);

              (b)             the Receiver for the Metropolitan Police District;

30

              (c)             the council of an outer London borough;

              (d)             the Common Council of the City of London;

              (e)             a police authority established under section 3 of the Police Act 1996

(c. 16);

              (f)             a local probation board;

35

              (g)             any other body which acts under any enactment or instrument for

public purposes and not for its own profit.

 

 

Courts Bill [HL]
Schedule 2 — Abolition of magistrates’ courts committees: transfers
Part 1 — Property transfer schemes

    62

 

          (3)                        Without prejudice to the generality of paragraph (b) of sub-paragraph (1),

any property, rights or liabilities are to be treated as falling within that

paragraph if the Lord Chancellor issues a certificate to that effect.

          (4)      In this Schedule “property transfer scheme” means a scheme under sub-

paragraph (1).

5

          (5)      In this Part of this Schedule “the appointed day” means—

              (a)             in the case of the transfer of property, rights or liabilities to which

magistrates’ courts committees are entitled or subject, the day

immediately before the abolition day;

              (b)             in any other case, the day specified in the scheme.

10

          (6)      On the day which is the appointed day in relation to property, rights or

liabilities to which provisions of a property transfer scheme apply, the

property, rights and liabilities are transferred and vest in accordance with

those provisions.

          (7)      In this Schedule “the abolition day” means the day appointed under section

15

108(1) for the coming into force of section 6(1) (abolition of magistrates’

courts committees).

Property transfer schemes and terminated contracts of employment

  2        A property transfer scheme may not transfer rights or liabilities under a

contract of employment, except where the rights or liabilities—

20

              (a)             are those to which a magistrates’ courts committee is entitled or

subject, and

              (b)             relate to a person whose contract of employment was terminated

before the appointed day.

Property transfer schemes: supplementary

25

  3       (1)      A property transfer scheme may provide for the creation of rights, or the

imposition of liabilities, in relation to property transferred by the scheme.

          (2)      A property transfer scheme may provide for the apportionment or division

of any property, rights or liabilities.

          (3)      A property transfer scheme may—

30

              (a)             specify property, rights or liabilities to be transferred under or in

accordance with the scheme, or

              (b)             provide for property, rights or liabilities to be transferred to be

determined in accordance with the scheme.

  4       (1)      A property transfer scheme has effect in relation to the property, rights and

35

liabilities to which it applies despite any provision (of whatever nature)

which would otherwise prevent, penalise or restrict the transfer of any of the

property, rights and liabilities.

          (2)      A right of pre-emption, right of reverter or other similar right is not to

operate or become exercisable as a result of a transfer under a property

40

transfer scheme.

          (3)      In the case of such a transfer, any such right has effect as if the transferee

were the same person in law as the transferor and as if the transfer had not

taken place.

 

 

Courts Bill [HL]
Schedule 2 — Abolition of magistrates’ courts committees: transfers
Part 2 — Staff transfers

    63

 

  5       (1)      Such compensation as is just is to be paid to a third party in respect of any

right which would, apart from paragraph 4, have operated in favour of, or

become exercisable by, him but which, in consequence of the operation of

that paragraph, cannot subsequently operate in his favour or become

exercisable by him.

5

          (2)      Any compensation payable by virtue of sub-paragraph (1) is to be paid by

the transferor, by the transferee or by both.

          (3)      A property transfer scheme may provide for the determination of any

disputes as to—

              (a)             whether, and (if so) how much, compensation is payable by virtue of

10

sub-paragraph (1), and

              (b)             the person to whom or by whom it is to be paid.

          (4)      “Third party” means a person other than the transferor or the transferee.

  6        Paragraphs 4 and 5 apply in relation to the creation of rights in relation to

property as they apply in relation to a transfer of property; and references to

15

the transferor and the transferee are to be read accordingly.

  7        A certificate issued by the Lord Chancellor that any property, rights or

liabilities have, or have not, been transferred under or in accordance with a

property transfer scheme is conclusive evidence of the transfer, or of the fact

that there has not been a transfer.

20

Stamp duty

  8       (1)      Stamp duty is not chargeable in respect of a transfer or grant effected under

or in accordance with a property transfer scheme.

          (2)      No instrument made or executed for the purposes of such a transfer or grant

is to be treated as duly stamped unless—

25

              (a)             it has, in accordance with section 12 of the Stamp Act 1891 (c. 39),

been stamped with a particular stamp denoting that it is not

chargeable with that duty or that it is duly stamped, or

              (b)             it is stamped with the duty to which it would be liable, apart from

this paragraph.

30

Supplementary provisions in property transfer scheme

  9        A property transfer scheme may make such supplemental, consequential or

transitional provision for the purposes of, or in connection with, a transfer

made by the scheme as the Lord Chancellor considers appropriate.

Part 2

35

Staff transfers

Interpretation

  10         In this Part of this Schedule—

              (a)             “TUPE” means the Transfer of Undertakings (Protection of

Employment) Regulations 1981 (S.I. 1981/1794),

40

              (b)             “the appointed day” means the day immediately before the abolition

day,

 

 

Courts Bill [HL]
Schedule 2 — Abolition of magistrates’ courts committees: transfers
Part 2 — Staff transfers

    64

 

              (c)             references to a responsible authority are to an authority which is a

responsible authority under the Justices of the Peace Act 1997 (c. 25),

              (d)             references to a responsible authority’s relevant functions are to its

functions under that Act, and

              (e)             references to a transferred employee are to an employee transferred

5

to the Lord Chancellor’s employment by virtue of paragraph 11 or

12.

Application of TUPE

  11       For the purposes of TUPE—

              (a)             the functions of each magistrates’ courts committee are to be treated

10

as transferred on the appointed day from the committee to the Lord

Chancellor, and

              (b)             each such transfer is to be treated as the transfer of an undertaking.

  12      (1)               For the purposes of TUPE—

              (a)             the relevant functions of each responsible authority are to be treated

15

as transferred on the appointed day from the authority to the Lord

Chancellor,

              (b)             each such transfer is to be treated as the transfer of an undertaking,

and

              (c)             each person falling within sub-paragraph (2) (but no other person) is

20

to be treated as employed in the undertaking immediately before the

appointed day.

          (2)               A person falls within this sub-paragraph if—

              (a)                             immediately before the appointed day he is employed by the

responsible authority under a contract of employment,

25

              (b)             he spends a substantial part of his time on duties connected with the

relevant functions of the authority, and

              (c)             the Lord Chancellor certifies that in his opinion                 it is expedient that

the person be transferred to the Lord Chancellor’s employment.

          (3)                        Where TUPE applies by virtue of this paragraph, it applies as if regulation

30

5(4B) were omitted.

  13                         A reference in any enactment to a person appointed under section 2(1)

includes a transferred employee.

Restrictions on employment of aliens not to apply to transferred employees

  14         Nothing in—         

35

              (a)             section 3 of the Act of Settlement (1700 c. 2),

              (b)             section 6 of the Aliens Restriction (Amendment) Act 1919 (c. 92), or

              (c)             any rules prescribing requirements as to nationality which must be

satisfied in the case of persons employed in a civil capacity under the

Crown,

40

           applies to the employment of a transferred employee by the Lord Chancellor

following his transfer by virtue of paragraph 11 or 12.

 

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 21 May 2003