Access to Justice Bill [H.L.]

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

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Collection, payment, accounting and banking.

62. - (1) In the Justices of the Peace Act 1997, after section 41 (as substituted by section 60(1) above) insert-

"Justices' chief executive as collecting officer.	41A. - (1) A justices' chief executive shall, by virtue of his office, be collecting officer of each of the courts for the area of the magistrates' courts committee which appointed him.
	(2) A justices' chief executive shall act under any order made under section 30 of the Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) which, in accordance with the provisions of paragraph 16A of Schedule 4 to this Act, has effect to direct the payment of money to him.
	(3) This section is without prejudice to the provisions of-
	(a) section 59 of the Magistrates' Courts Act 1980 (periodical payments through justices' chief executive); and
	(b) sections 59A and 62 of that Act (proceedings by justices' chief executive)."

(2) In section 60 of that Act (application of fines and fees)-

(a) in subsection (1) (payment to Lord Chancellor of sums received by a justices' clerk), for "justices' clerk" substitute "justices' chief executive" and omit paragraph (b)(ii) (special provision for compensation orders),

(b) in subsection (3) (exception for salary and expenses of justices' clerk), for "justices' clerk" substitute "justices' chief executive",

(d) in the sidenote, for "fines and fees" substitute "receipts of justices' chief executive".

(3) After that section insert-

"Regulations about payment, accounting and banking.	60A. The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations-
	(a) as to the times at which, and the manner in which, a justices' chief executive shall pay sums payable by him to the Lord Chancellor or any other person;
	(b) requiring the keeping and production of accounts by justices' chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and
	(c) requiring justices' chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such)."

(4) In Part II of Schedule 4 to that Act (transitional provisions and savings), after paragraph 16 insert-

16A. Any order made before 1st April 1953 under section 30 of the Criminal Justice Administration Act 1914 or section 1 of the Affiliation Orders Act 1914-

(a) if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices' chief executive who is the collecting officer of that court; and

(b) if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as it directed them to be made to the justices' chief executive who is the collecting officer of the court making the order."

Execution of warrants

Civilian enforcement officers.

63. In the Magistrates' Courts Act 1980, after section 125 insert-

"Civilian enforcement officers.	125A. - (1) A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.
	(2) In this section "civilian enforcement officer", in relation to a warrant, means a person who-
	(a) is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and
	(b) is authorised in the prescribed manner to execute warrants.
	(3) The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or distress issued by a justice of the peace-
	(a) under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or
	(b) for the enforcement of a court order of any description so specified.
	(4) Where a warrant has been executed by a civilian enforcement officer, a written statement indicating-
	(a) the name of the officer;
	(b) the authority by which he is employed; and
	(c) that he is authorised in the prescribed manner to execute warrants,
	shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
	(5) The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament."

Approved enforcement agencies.

64. - (1) In the Justices of the Peace Act 1997, after section 31 insert-

"Execution of warrants.	31A. - (1) A magistrates' courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the Magistrates' Courts Act 1980.
	(2) The Lord Chancellor may by statutory instrument make regulations as to-
	(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and
	(b) the procedure by which a person or body may be so approved.
	(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
	(4) A magistrates' courts committee shall maintain a register-
	(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or
	(b) stating that no person or body has been so approved.
	(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee's area during the hours that the court-house is open to the public.
	(6) A decision by a magistrates' courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision."

(2) In the Magistrates' Courts Act 1980, after section 125A (inserted by section 63 above) insert-

"Execution by approved enforcement agency.	125B. - (1) A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales-
	(a) by an individual who is an approved enforcement agency;
	(b) by a director of a company which is an approved enforcement agency;
	(c) by a partner in a partnership which is an approved enforcement agency; or
	(d) by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
	(2) In this section "approved enforcement agency", in relation to a warrant, means a person or body approved under section 31A of the Justices of the Peace Act 1997 by the magistrates' courts committee for the petty sessions area of the justice (or any of the justices) who issued the warrant.
	(3) Failure by a magistrates' courts committee to comply with any provision of, or made under, section 31A(2) to (5) of the Justices of the Peace Act 1997 does not of itself render unlawful the execution of a warrant.
	(4) Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
	(5) The matters referred to in subsection (4) above are-
	(a) the name of the person by whom the warrant was executed;
	(b) if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
	(c) if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
	(d) the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained under section 31A(4) of the Justices of the Peace Act 1997 by the magistrates' courts committee concerned."

Warrants of detention.

65. - (1) In section 125(2) of the Magistrates' Courts Act 1980 (execution by person to whom warrant is directed or constable), after "warrant of commitment," insert "warrant of detention,".

(2) In section 136(2) of that Act (warrants of detention), for the words from ", unless" to "functions" substitute "-

(a) shall authorise the person executing it".

Execution by person not in possession of warrant.

66. In the Magistrates' Courts Act 1980, after section 125B (inserted by section 64(2) above) insert-

"Execution by person not in possession of warrant.	125C. - (1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.
	(2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.
	(3) Subsection (2) above applies to-
	(a) a warrant to arrest a person in connection with an offence;
	(b) a warrant under section 186(3) of the Army Act 1955, section 186(3) of the Air Force Act 1955, section 105(3) of the Naval Discipline Act 1957 or Schedule 2 to the Reserve Forces Act 1996 (desertion etc.);
	(c) a warrant under section 102 or 104 of the General Rate Act 1967 (insufficiency of distress);
	(d) a warrant under section 47(8) of the Family Law Act 1996 (failure to comply with occupation order or non-molestation order); and
	(e) a warrant under section 55, 76, 93 or 97 above.
	(4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable."

Cessation of warrants.

67. - (1) In the Maintenance Orders Act 1958, in-

(a) section 2(4) (registration of orders), and

(b) section 5(4) (cancellation of registration),

omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word "and" at the end.

(2) In section 83 of the Magistrates' Courts Act 1980 (process for securing attendance of offender for purposes of section 82), omit subsection (4) (warrant to cease to have effect when sum in respect of which it is issued is paid to police officer holding the warrant).

(3) In section 86(4) of that Act (which applies subsections (3) and (4) of section 83 to warrants issued under section 86), for "subsections (3) and (4)" substitute "subsection (3)".

(4) In section 125(1) of that Act (warrants of arrest), insert at the end "or it ceases to have effect in accordance with the rules".

Prepared 3 December 1998