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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, each of whom is assigned | |
to a local justice area the whole or a part of which is included in the | 10 |
board’s 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. | |
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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. | |
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(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 |
110(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. | |
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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, | |
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(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. | |
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Compensation for responsible authorities | |
15 The Lord Chancellor may, to the extent he thinks fit, compensate a | |
responsible authority in respect of costs incurred by the authority as a result | |
of this Act in respect of a person who— | |
(a) immediately before the appointed day is employed by the authority | 5 |
under a contract of employment, and | |
(b) spends part of his time on duties connected with the relevant | |
functions of the authority, | |
but who is not transferred to the Lord Chancellor’s employment by virtue of | |
paragraph 12. | 10 |
Part 3 | |
Miscellaneous and supplementary | |
Continuing provision of court-houses, accommodation etc. | |
16 (1) The Lord Chancellor may by regulations provide that any petty sessional | |
court-house or other accommodation specified in the regulations which | 15 |
immediately before the abolition day was being provided by— | |
(a) the council of an outer London borough, or | |
(b) the Common Council of the City of London, | |
pursuant to regulations made under paragraph 35 of Schedule 14 to the | |
Access to Justice Act 1999 (c. 22) shall on and after that day be provided by | 20 |
that council to the Lord Chancellor for the performance of his functions | |
under section 3. | |
(2) Regulations under sub-paragraph (1) may— | |
(a) prescribe terms and conditions, including conditions as to payment, | |
on which any court-house or other accommodation is to be provided, | 25 |
and | |
(b) prohibit a council providing a court-house or other accommodation | |
under sub-paragraph (1) from altering or extending it without the | |
consent of the Lord Chancellor. | |
Assistance | 30 |
17 It is the duty of each magistrates’ courts committee, and each person falling | |
within paragraph 1(2) to provide the Lord Chancellor with such information | |
or assistance as he may reasonably require for the purposes of, or in | |
connection with— | |
(a) the exercise of any powers exercisable by him in relation to a | 35 |
property transfer scheme, or | |
(b) Part 2 of this Schedule. | |
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