Access to Justice Bill [H.L.]

Access to Justice Bill [H.L.] - continued	House of Lords
PART V, MAGISTRATES AND MAGISTRATES' COURTS - continued

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Greater London Magistrates' Courts Authority.

57. - (1) In the Justices of the Peace Act 1997, after section 30 insert-

	"Greater London
Greater London Magistrates' Courts Authority.	30A. - (1) There shall be a body known as the Greater London Magistrates' Courts Authority.
	(2) The Greater London Magistrates' Courts Authority shall be the magistrates' courts committee for Greater London.
	(3) The Greater London Magistrates' Courts Authority shall be a body corporate.
Regulations about Authority.	30B. - (1) The Lord Chancellor may by regulations made by statutory instrument make provision relating to the Greater London Magistrates' Courts Authority, including-
	(a) provision about the membership of the Authority (including provision as to who is to chair it and about the payment of remuneration to its members);
	(b) provision about the procedure of the Authority (including its quorum and meetings);
	(c) provision for committees of the Authority (including provision about their membership and procedure); and
	(d) provision for the discharge of any of the Authority's functions by a committee, by the person chairing the Authority or a committee or by the justices' chief executive, a justices' clerk or a member of the staff of the Authority.
	(2) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	Provisions applying to all magistrates' courts committees."

(2) In section 40(8) of that Act (regulations about apointment of justices' chief executive), after "by statutory instrument" insert "which may make different provision in relation to the Greater London Magistrates' Courts Authority and other magistrates' courts committees".

Standard goods and services.

58. - (1) Part VI of the Justices of the Peace Act 1997 (administrative and financial arrangements) has effect subject to the following amendments.

(2) After section 56 insert-

"Standard goods and services.	56A. - (1) The Lord Chancellor may by statutory instrument make regulations requiring all magistrates' courts committees, or specified magistrates' courts committees, to obtain-
	(a) specified goods or services; or
	(b) goods or services of a specified description,
	if he considers that it would be in the interests of the efficient and effective administration of magistrates' courts generally for them to do so.
	(2) The regulations may require magistrates' courts committees to obtain goods or services from-
	(a) a specified person; or
	(b) a person of a specified description.
	(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament."

(3) In section 55(2) (case where paying authority is not required to provide goods and services to magistrates' courts committee), after "or authorities" insert "-

	(a) to provide any goods or services which regulations made by virtue of section 56A(2) below require the magistrates' courts committee to obtain otherwise than from that authority or any of those authorities; or
	(b) ".

(4) After subsection (1) of section 56 (which specifies that, subject to the provisions of that section, the goods and services to be provided by a paying authority are to be determined by the magistrates' courts committee) insert-

"(1A) Subsection (1) above does not apply to the extent that regulations made by virtue of section 56A below have the effect of precluding a determination as to any of the matters mentioned in that subsection."

Justices' chief executives

Qualification for appointment.

59. In section 40 of the Justices of the Peace Act 1997 (appointment of justices' chief executive), omit subsection (5) (under which a person may not be appointed unless eligible for appointment as a justices' clerk).

Role.

60. - (1) For section 41 of the Justices of the Peace Act 1997 (functions of justices' chief executives) substitute-

"Role of justices' chief executive.	41. - (1) The justices' chief executive in relation to any magistrates' courts committee shall make arrangements for the efficient and effective administration of the magistrates' courts for the area to which the committee relates.
	(2) For that purpose the administration of the magistrates' courts for the area to which a magistrates' courts committee relates includes-
	(a) the exercise of the function of acting as clerk to the committee; and
	(b) the exercise of the functions conferred or imposed on justices' chief executives by or under any other enactment so far as relating to any of those courts or that committee.
	(3) The duty imposed on a justices' chief executive by subsection (1) above shall in particular require him-
	(a) to allocate administrative responsibilities for what falls to be done in the exercise of his functions among justices' clerks and the staff of the committee; and
	(b) to determine the administrative procedures to be followed by them.
	(4) The justices' chief executive in relation to a magistrates' courts committee shall make arrangements for discussions relating to law, practice and procedure among the justices' clerks appointed by the committee.
	(5) The justices' chief executive in relation to a magistrates' courts committee shall perform-
	(a) the duties imposed on him by this section; and
	(b) any other functions conferred or imposed on him by or under any other enactment,
	in accordance with any directions given to him by the committee.
	(6) Subject to section 48 below, the justices' chief executive in relation to a magistrates' courts committee may give directions to justices' clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment)."

(2) In section 31 of that Act (powers and duties of magistrates' courts committees), omit subsection (2) (power of magistrates' courts committees to allocate responsibilities among chief executive, clerks and members of staff and to determine the administrative procedures to be followed by them).

(3) In section 48(1) of that Act (independence of justices' clerks and members of staff in relation to legal functions)-

(a) for "magistrates' courts committee, the justices' chief executive or any other person" substitute "the justices' chief executive or any other person or body", and

(b) for "that committee or of the justices' chief executive (when acting as such)" substitute "any person or body other than a justices' clerk".

(4) In section 61 of that Act (defaults of justices' clerk etc.), after "clerk" insert ", of a justices' chief executive".

Transfer of administrative functions of justices' clerks.

61. - (1) Schedule 9 (which makes amendments transferring administrative functions of justices' clerks to justices' chief executives) has effect.

(2) The Lord Chancellor may by order made by statutory instrument make provision for the transfer of other administrative functions of justices' clerks to justices' chief executives.

(3) An order under subsection (2) may contain amendments of enactments.

(4) A statutory instrument containing an order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) For the purposes of this section the administrative functions of justices' clerks are all of their functions apart from-

(a) their function of giving advice to justices of the peace in an individual case, and

(b) any functions conferred on them by rules in accordance with section 144 of the Magistrates' Courts Act 1980 by virtue of section 45(1) of the Justices of the Peace Act 1997 (things authorised to be done by, to or before a justice).

Prepared 3 December 1998