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A | |
Bill | |
[AS AMENDED IN STANDING COMMITTEE D] | |
To | |
Make provision about the courts and their procedure and practice; about | |
judges and magistrates; about fines and the enforcement processes of the | |
courts; about periodical payments of damages; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Maintaining the court system | |
The general duty | |
1 The general duty | |
(1) The Lord Chancellor is under a duty to ensure that there is an efficient and | 5 |
effective system to support the carrying on of the business of— | |
(a) the Supreme Court, | |
(b) county courts, and | |
(c) magistrates’ courts, | |
and that appropriate services are provided for those courts. | 10 |
(2) In this Part— | |
(a) “the Supreme Court” includes the district probate registries, and | |
(b) “magistrates’ court” includes a committee of justices. | |
(3) In this Part references to the Lord Chancellor’s general duty in relation to the | |
courts are to his duty under this section. | 15 |
(4) The Lord Chancellor must, within 18 months of the coming into force of this | |
section, and afterwards annually, prepare and lay before both Houses of | |
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Parliament a report as to the way in which he has discharged his general duty | |
in relation to the courts. | |
Court staff and accommodation | |
2 Court officers, staff and services | |
(1) The Lord Chancellor may appoint such officers and other staff as appear to him | 5 |
appropriate for the purpose of discharging his general duty in relation to the | |
courts. | |
(2) The civil service pension arrangements for the time being in force apply (with | |
any necessary adaptations) to persons appointed under subsection (1) as they | |
apply to other persons employed in the civil service of the State. | 10 |
(3) “The civil service pension arrangements” means— | |
(a) the principal civil service pension scheme (within the meaning of | |
section 2 of the Superannuation Act 1972 (c. 11)), and | |
(b) any other superannuation benefits for which provision is made under | |
or by virtue of section 1 of the 1972 Act for or in respect of persons in | 15 |
employment in the civil service of the State. | |
(4) Subject to subsections (5) and (6), the Lord Chancellor may enter into such | |
contracts with other persons for the provision, by them or their sub- | |
contractors, of officers, staff or services as appear to him appropriate for the | |
purpose of discharging his general duty in relation to the courts. | 20 |
(5) The Lord Chancellor may not enter into contracts for the provision of officers | |
and staff to discharge functions which involve making judicial decisions or | |
exercising any judicial discretion. | |
(6) The Lord Chancellor may not enter into contracts for the provision of officers | |
and staff to carry out the administrative work of the courts unless an order | 25 |
made by the Lord Chancellor authorises him to do so. | |
(7) Before making an order under subsection (6) the Lord Chancellor must | |
consult— | |
(a) the Lord Chief Justice, | |
(b) the Master of the Rolls, | 30 |
(c) the President of the Family Division, and | |
(d) the Vice-Chancellor, | |
as to what effect (if any) the order might have on the proper and efficient | |
administration of justice. | |
(8) An order under subsection (6) may authorise the Lord Chancellor to enter into | 35 |
contracts for the provision of officers or staff to discharge functions— | |
(a) wholly or to the extent specified in the order, | |
(b) generally or in cases or areas specified in the order, and | |
(c) unconditionally or subject to the fulfilment of conditions specified in | |
the order. | 40 |
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3 Provision of accommodation | |
(1) The Lord Chancellor may provide, equip, maintain and manage such court- | |
houses, offices and other accommodation as appear to him appropriate for the | |
purpose of discharging his general duty in relation to the courts. | |
(2) The Lord Chancellor may enter into such arrangements for the provision, | 5 |
equipment, maintenance or management of court-houses, offices or other | |
accommodation as appear to him appropriate for the purpose of discharging | |
his general duty in relation to the courts. | |
(3) The powers under— | |
(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by | 10 |
agreement), and | |
(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) | |
(compulsory acquisition), | |
to acquire land necessary for the public service are to be treated as including | |
power to acquire land for the purpose of its provision under arrangements | 15 |
entered into under subsection (2). | |
(4) “Court-house” means any place where a court sits, including the precincts of | |
any building in which it sits. | |
Courts boards | |
4 Establishment of courts boards | 20 |
(1) England and Wales is to be divided into areas for each of which there is to be a | |
courts board. | |
(2) The areas are to be those specified by an order made by the Lord Chancellor. | |
(3) Each area established by an order under subsection (2) is to be known by such | |
name as is specified in the order (but subject to subsection (4)). | 25 |
(4) The Lord Chancellor may make orders altering the areas. | |
(5) “Altering”, in relation to an area, includes (as well as changing its | |
boundaries)— | |
(a) combining it with one or more other areas, | |
(b) dividing it between two or more other areas, and | 30 |
(c) changing its name. | |
(6) Before making an order under subsection (4), the Lord Chancellor must consult | |
any courts board affected by the proposed order. | |
(7) When making an order under subsection (2) the Lord Chancellor must have | |
regard to the desirability of specifying areas which are the same as— | 35 |
(a) the police areas listed in Schedule 1 to the Police Act 1996 (c. 16) | |
(division of England and Wales, except London, into police areas), and | |
(b) the area consisting of the Metropolitan Police District and the City of | |
London police area. | |
(8) Schedule 1 contains provisions about the constitution and procedure of courts | 40 |
boards. | |
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5 Functions of courts boards | |
(1) Each courts board is under a duty, in accordance with guidance under this | |
section— | |
(a) to scrutinise, review and make recommendations about the way in | |
which the Lord Chancellor is discharging his general duty in relation to | 5 |
the courts with which the board is concerned, and | |
(b) for the purposes mentioned in paragraph (a), to consider draft and final | |
business plans relating to those courts. | |
(2) In discharging his general duty in relation to the courts, the Lord Chancellor | |
must give due consideration to recommendations made by the boards under | 10 |
subsection (1). | |
(3) If the Lord Chancellor rejects a recommendation made by a courts board under | |
subsection (1) as a result of the board’s consideration of a final business plan, | |
he must give the board his written reasons for so doing. | |
(4) The courts with which a courts board is concerned are— | 15 |
(a) the Crown Court, | |
(b) county courts, and | |
(c) magistrates’ courts, | |
in the board’s area. | |
(5) The Lord Chancellor must prepare and issue the boards with guidance about | 20 |
how they should carry out their functions under subsection (1). | |
(6) The guidance may in particular contain provisions about the procedures to be | |
followed in connection with draft and final business plans. | |
(7) The Lord Chancellor may from time to time issue the boards with revised | |
guidance and revoke previous guidance. | 25 |
(8) Guidance issued under this section must be laid before both Houses of | |
Parliament. | |
Abolition of magistrates’ courts committees | |
6 Abolition of magistrates’ courts committees, etc. | |
(1) The Greater London Magistrates’ Courts Authority (the magistrates’ courts | 30 |
committee for Greater London) and all the magistrates’ courts committees for | |
areas of England and Wales outside Greater London are abolished. | |
(2) In consequence of that— | |
(a) England and Wales outside Greater London is no longer divided into | |
magistrates’ courts committee areas, and | 35 |
(b) the office of justices’ chief executive is abolished. | |
(3) Schedule 2 (abolition of magistrates’ courts committees: transfers) has effect. | |
(4) The Justices of the Peace Act 1997 (c. 25) ceases to have effect. | |
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Part 2 | |
Justices of the peace | |
The commission of the peace and local justice areas | |
7 The commission of the peace for England and Wales | |
There shall be a commission of the peace for England and Wales— | 5 |
(a) issued under the Great Seal, and | |
(b) addressed generally, and not by name, to all such persons as may from | |
time to time hold office as justices of the peace for England and Wales. | |
8 Local justice areas | |
(1) England and Wales is to be divided into areas to be known as local justice areas. | 10 |
(2) The areas are to be those specified by an order made by the Lord Chancellor. | |
(3) Each local justice area established by order under subsection (2) is to be known | |
by such name as is specified in the order (but subject to subsection (4)). | |
(4) The Lord Chancellor may make orders altering local justice areas. | |
(5) “Altering”, in relation to a local justice area, includes (as well as changing its | 15 |
boundaries)— | |
(a) combining it with one or more other local justice areas, | |
(b) dividing it between two or more other local justice areas, and | |
(c) changing its name. | |
(6) Before making an order under subsection (4) in relation to a local justice area | 20 |
the Lord Chancellor must consult— | |
(a) the justices of the peace assigned to the local justice area, | |
(b) any courts board whose area includes the local justice area or a part of | |
the local justice area, and | |
(c) unless the alteration consists only of a change of name, any local | 25 |
authorities whose area includes the local justice area or a part of the | |
local justice area. | |
(7) “Local authority” means— | |
(a) any council of a county, a county borough, a London borough or a | |
council of a district, | 30 |
(b) the Common Council of the City of London, or | |
(c) a police authority established under section 3 of the Police Act 1996 | |
(c. 16) or the Metropolitan Police Authority. | |
Lay justices | |
9 Meaning of “lay justice” | 35 |
In this Act “lay justice” means a justice of the peace who is not a District Judge | |
(Magistrates’ Courts). | |
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