Yn ddilys o 04/09/2013
(1)In Part 1 of the County Courts Act 1984 at the beginning insert—
(1)There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—
(a)by or under this or any other Act, or
(b)by or under any Act, or Measure, of the National Assembly for Wales.
(2)The county court is to be a court of record and have a seal.”
(2)Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.
(3)In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—
(1)There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it—
(a)by or under this or any other Act, or
(b)by or under any Act, or Measure, of the National Assembly for Wales.
(2)The family court is to be a court of record and have a seal.”
(4)Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).
(5)Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.
(6)Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.
Yn ddilys o 01/06/2015
(1)Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.
(2)In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—
““court” (except in Schedule 5A)—
(a)in the case of a respondent aged under 18, means a youth court, and
(b)in any other case, means the High Court or the county court,
but this is subject to any provision in rules of court that is or could be made under section 48(4);”.
(3)In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute “means a judge of the court that granted the injunction, except that where—
(a)the respondent is aged 18 or over, but
(b)the injunction was granted by a youth court,
it means a judge of the county court. ”
(4)In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—
“(4)In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—
(a)provide for the transfer of the proceedings from a youth court to the High Court or the county court;
(b)prescribe circumstances in which the proceedings may or must remain in a youth court.”
(5)Schedule 12 (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.
(6)Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.
(1)Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child and meet costs) is amended as follows.
(2)In subsection (7)(a) (authority that already looks after child to be designated) after “being looked after by a local authority” insert “ otherwise than by virtue of section 104(1) ”.
(3)In subsection (7)(b) (in other cases, court must designate authority for area where child habitually resides or offence committed) for “, the local authority” substitute “ but subject to subsection (7B), a local authority ”.
(4)After subsection (7) insert—
“(7A)In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—
(a)considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or
(b)is unable to identify any place in England and Wales where the child habitually resides.
(7B)If in a case to which subsection (7)(b) applies—
(a)the court is not required by subsection (7A) to designate a home authority, but
(b)it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,
the court is to designate a local authority which it considers appropriate in the circumstances of the case.”
(5)After subsection (7B) insert—
“(7C)Where a child has been remanded to youth detention accommodation, the court—
(a)which remanded the child, or
(b)to which the child was remanded,
may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).
(7D)Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.
(7E)Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.
(7F)Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—
(a)has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and
(b)has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).
(7G)A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.
(7H)Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.
(7J)A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.”
(6)A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section comes into force, and the amendments made by this section have effect for the purpose of making a replacement designation in any such case; but, in such a case, the substitution of B for the previously-designated authority (and any entitlement to repayment under new section 102(7H)) does not have effect as respects any time before this section comes into force.
(7)Except as provided by subsection (6), the amendments made by this section have effect only in relation to remands ordered after this section comes into force.
Schedule 13 has effect. In that Schedule—
Part 1 provides for there to be no more than the equivalent of 12 full-time judges of the Supreme Court, rather than exactly 12 judges, and makes provision about their selection,
Part 2 contains provisions to facilitate greater diversity among judges,
Part 3 amends provisions about membership of the Judicial Appointments Commission,
Part 4—
makes provision about selection for certain judicial appointments, and
provides for the transfer, from the Lord Chancellor to the Lord Chief Justice or the Senior President of Tribunals, of functions in connection with selection for and appointment to judicial offices,
Part 5 amends the selection procedure for certain senior judicial appointments until Part 4 of the Schedule is in force,
Part 6 makes provision for the exercise of certain functions where the Master of the Rolls, the President of the Queen's Bench Division, the President of the Family Division or the Chancellor of the High Court is incapable of exercising the functions or one of those offices is vacant, and
Part 7 abolishes the office of assistant Recorder.
Commencement Information
I1S. 20 in force for certain purposes at Royal Assent, see. s. 61(2)(11)(a)
I2S. 20 in force at 15.7.2013 for specified purposes by S.I. 2013/1725, art. 2(a)
Yn ddilys o 01/10/2013
(1)The Lord Chief Justice's deployment responsibility includes (so far as it would not otherwise do so, and subject to having regard to the responsibilities of the Senior President of Tribunals) responsibility for the maintenance of appropriate arrangements for—
(a)the deployment to tribunals of judiciary deployable to tribunals, and
(b)the deployment to courts in England and Wales of judiciary deployable to such courts.
(2)In subsection (1) “the Lord Chief Justice's deployment responsibility” means the responsibility that the Lord Chief Justice of England and Wales, as President of the Courts of England and Wales, has under section 7(2)(c) of the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales.
(3)Each of the following is a tribunal for the purposes of subsection (1)(a)—
the Upper Tribunal,
the First-tier Tribunal,
the Employment Appeal Tribunal, and
an employment tribunal in England and Wales.
(4)Schedule 14 (which makes provision for deployment of judiciary to courts and tribunals, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges) has effect.
Yn ddilys o 01/10/2013
(1)In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—
(a)in subsection (2), for “, 3 and 4” substitute “ and 3 ”,
(b)omit subsection (2A),
(c)in subsection (3), for “, 2 and 4” substitute “ and 2 ”, and
(d)omit subsections (7) and (8).
(2)In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from the Court of Session to the Upper Tribunal)—
(a)in subsection (1)—
(i)in paragraph (a), for “, 2 and 4 are met” substitute “ and 2 are met, and ”,
(ii)omit paragraph (aa) (including the “and” following it), and
(iii)in paragraph (b), for “, 3 and 4” substitute “ and 3 ”, and
(b)omit subsections (5) and (5A).
(3)In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court to the Upper Tribunal)—
(a)in subsection (2), for “, 3 and 4” substitute “ and 3 ”,
(b)omit subsection (2A),
(c)in subsection (3), for “, 2 and 4” substitute “ and 2 ”, and
(d)omit subsections (7) and (8).
(4)In consequence of the amendments made by subsections (1) to (3), section 53 of the Borders, Citizenship and Immigration Act 2009 is repealed.
In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal from Upper Tribunal) after subsection (6) insert—
“(6A)Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—
(a)that the proposed appeal would raise some important point of principle, or
(b)that there is some other compelling reason for the court to hear the appeal.”
Commencement Information
I3S. 23 in force at 15.7.2013 by S.I. 2013/1725, art. 2(b)
Yn ddilys o 07/01/2014
(1)Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court judges) ceases to have the effect of conferring jurisdiction on judges of the High Court sitting as Visitors to the Inns of Court.
(2)The General Council of the Bar, an Inn of Court, or two or more Inns of Court acting collectively in any manner, may confer a right of appeal to the High Court in respect of a matter relating to—
(a)regulation of barristers,
(b)regulation of other persons regulated by the person conferring the right,
(c)qualifications or training of barristers or persons wishing to become barristers, or
(d)admission to an Inn of Court or call to the Bar.
(3)An Inn of Court may confer a right of appeal to the High Court in respect of—
(a)a dispute between the Inn and a member of the Inn, or
(b)a dispute between members of the Inn;
and in this subsection any reference to a member of an Inn includes a reference to a person wishing to become a member of that Inn.
(4)A decision of the High Court on an appeal under this section is final.
(5)Subsection (4) does not apply to a decision disbarring a person.
(6)The High Court may make such order as it thinks fit on an appeal under this section.
(7)A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.
(1)Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for taking control of goods) is amended as follows.
(2)In paragraph 17 (enforcement agent may use reasonable force to enter etc where paragraph 18 or 19 applies) for “or 19” substitute “ , 18A, 19 or 19A ”.
(3)After paragraph 18 insert—
“18A(1)This paragraph applies if these conditions are met—
(a)the enforcement agent has power to enter the premises under paragraph 14;
(b)the enforcement agent reasonably believes that the debtor carries on a trade or business on the premises;
(c)the enforcement agent is acting under a writ or warrant of control issued for the purpose of recovering a sum payable under a High Court or county court judgment;
(d)the sum so payable is not a traffic contravention debt.
(2)“Traffic contravention debt” has the meaning given by section 82(2) of the Traffic Management Act 2004.”
(4)After paragraph 19 insert—
“19A(1)This paragraph applies if these conditions are met—
(a)the enforcement agent has power to enter the premises under paragraph 16;
(b)the enforcement agent has taken control of the goods by entering into a controlled goods agreement with the debtor;
(c)the debtor has failed to comply with any provision of the controlled goods agreement relating to the payment by the debtor of the debt;
(d)the debtor has been given notice of the intention of the enforcement agent to enter the premises to inspect the goods or to remove them for storage or sale;
(e)neither paragraph 18 nor paragraph 19 applies.
(2)For the purposes of a notice under sub-paragraph (1)(d), regulations must state—
(a)the minimum period of notice;
(b)the form of the notice;
(c)what it must contain;
(d)how it must be given;
(e)who must give it.
(3)The enforcement agent must keep a record of the time when a notice under sub-paragraph (1)(d) is given.
(4)If regulations authorise it, the court may order in prescribed circumstances that the notice given may be less than the minimum period.
(5)The order may be subject to conditions.”
(5)In paragraphs 24(2) and 31(5) (no power to use force against persons except to extent provided in regulations) omit “, except to the extent that regulations provide that it does”.
(6)Omit paragraph 53(2) (controlled goods to be treated as abandoned if unsold after a sale).
(7)Omit paragraph 56(2) (securities to be treated as abandoned if not disposed of in accordance with notice of disposal).
(8)In consequence of the repeals in subsection (5), in section 90 of the Tribunals, Courts and Enforcement Act 2007 (regulations under Part 3)—
(a)omit subsection (4) (procedure for regulations under paragraphs 24(2) and 31(5) of Schedule 12), and
(b)in subsection (5) omit “In any other case”.
(9)In Schedule 13 to that Act (taking control of goods: amendments)—
(a)in paragraph 37 (repeal in section 66(2) of the Criminal Justice Act 1972) for the words after “etc.),” substitute “ omit subsection (2). ”,
(b)in paragraph 74 (repeal of sections 93 to 100 of the County Courts Act 1984) after “93 to” insert “ 98 and ”,
(c)in paragraph 85 (amendment of section 436 of the Insolvency Act 1986) for “436” substitute “ 436(1) ”,
(d)in paragraph 125 (amendment of section 15 of the Employment Tribunals Act 1996) for “ “by execution issued from the county court”” substitute “the words from “by execution”, to “court” in the first place after “by execution”,”, and
(e)in paragraph 134 (which amends Schedule 17 to the Financial Services and Markets Act 2000) for “paragraph 16(a)” substitute “ paragraphs 16(a) and 16D(a) ”.
Commencement Information
I4S. 25(4) in force at 15.7.2013 for specified purposes by S.I. 2013/1725, art. 2(c)
I5S. 25(5)(8) in force at 15.7.2013 by S.I. 2013/1725, art. 2(d)
(1)In the Magistrates' Courts Act 1980 after section 75 insert—
(1)Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.
(2)Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.
(3)No such amount may be charged unless a collection order or other notice of the person's liability to pay such amounts has been served on the person.
(4)Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.
(5)Where payment is to be by instalments, no such amount may be charged—
(a)before the first occasion on which there is default in the payment of an instalment, or
(b)at any other time when the instalments are up to date.
(6)No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (costs related to taking control of goods and selling them).
(7)This section applies in relation to a sum even if a collection order is in force in relation to the sum.”
(2)In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert—
A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.”
(3)In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1) (contents of collection orders) after paragraph (c) insert—
“(ca)explain how the sum due may be increased by amounts in respect of costs of doing things for the purpose of collecting sums of that kind,”.
(4)In section 85 of the Magistrates' Courts Act 1980 (power to remit fines) after subsection (4) (power does not extend to other sums) insert—
“(5)Despite subsection (4) above, references in subsections (1) to (3) above to a fine do include an amount that a person has been charged in respect of costs mentioned in section 75A(1) above if the person is liable under section 75A(1) above to pay the amount as a result of being liable to pay a fine as defined by subsection (4) above.”
(5)In section 139(c) of that Act (disposal of balance of receipts on account of sum adjudged to be paid) after “balance” insert “ in accordance with any directions under section 139A and, subject to that, in payment ”.
(6)In that Act after section 139 insert—
(1)The Secretary of State may give directions requiring that money received on account of an amount charged as mentioned in section 75A is to be paid to the person who charged the amount.
(2)For the purposes of this section, money is received on account of an amount charged as mentioned in section 75A if—
(a)the money is received on account of a sum whose amount has been increased under that section,
(b)the total received on account of the sum is more than the figure the sum would be if increases under that section are excluded, and
(c)the money is—
(i)the balance after deducting that figure from the total received, or
(ii)if less, so much of that balance as equals the amount charged.
(3)Directions under this section—
(a)may be general or apply only in cases specified in them;
(b)may make different provision for different purposes;
(c)may be revoked by directions given by the Secretary of State.”
(7)In section 24(2) of the Criminal Justice Act 1991 (regulations about applications by courts for benefit deductions) after paragraph (b) insert—
“(ba)provision, including provision for deductions, in connection with the fine or compensation to which an application relates being treated as increased under section 75A of the 1980 Act or paragraph 42A of Schedule 5 to the Courts Act 2003;”.
(8)In section 56(3) of the Education and Skills Act 2008 (normal enforcement provisions do not apply to a non-participation fine once offender reaches 18) after “to be concluded” insert “or to preserve existing increases under section 75A of the Magistrates' Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.
Commencement Information
I6S. 26 partly in force; s. 26 not in force at Royal Assent; s. 26(2) in force at 25.6.2013, see s. 61(2)(6)
Yn ddilys o 11/12/2013
(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.
(2)Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.
(3)Accordingly, after paragraph 9 insert— “ PART 3A DISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC ”.
(4)In the heading before paragraph 9A, after “Disclosure of information in connection with” insert “ making of attachment of earnings order or ”.
(5)For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—
“9A(1)The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.
(1A)Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose finances information to a relevant person.
(1B)The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—
(a)a decision as to whether to make an attachment of earnings order in respect of P,
(b)a decision as to whether to make an application for benefit deductions in respect of P, and
(c)such an order or application.
(2)In this paragraph—
“finances information” means information which—
is about a person's income, gains or capital, and
is held—
by Her Majesty's Revenue and Customs, or
by a person providing services to the Commissioners for Her Majesty's Revenue and Customs in connection with the provision of those services,
or information which is held with information so held;
“social security information” means information which is held for the purposes of functions relating to social security—
by the Secretary of State or a Northern Ireland Department, or
by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,
or information which is held with information so held.
(2A)The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).
(3)In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).”
(6)In paragraph 9B(1) (limits on onward disclosure)—
(a)for “9A(3)” substitute “ 9A ”, and
(b)for the words after “making” substitute “ , by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B). ”
(7)In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “ , order or application as is mentioned in paragraph 9A(1B) ”.
(8)In paragraph 9B(3) (disclosures that are not unlawful)—
(a)in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “ or of a tribunal established by or under an Act ”, and
(b)in paragraph (b) (disclosure of information previously lawfully disclosed) after “disclose” insert “or use—
(i)any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or
(ii)”.
(9)In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute “liable—
(a)on conviction on indictment—
(i)to imprisonment for a term not exceeding 2 years, or
(ii)to a fine, or
(iii)to both;
(b)on summary conviction—
(i)to imprisonment for a term not exceeding 12 months, or
(ii)to a fine not exceeding the statutory maximum, or
(iii)to both.”
(10)In paragraph 9B after sub-paragraph (5) insert—
“(6)Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates' courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.
(7)A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.”
(11)Omit paragraph 9C(2) and (4) (meaning of “benefit status” and “prescribed”).
(12)In paragraph 9C (interpretation etc of paragraphs 9A and 9B)—
(a)in sub-paragraph (1) for “This paragraph applies” substitute “ Sub-paragraphs (3) and (3A) apply ”, and
(b)after sub-paragraph (3) insert—
“(3A)Relevant court” has the same meaning as in Part 3 of this Schedule.
(3B)In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—
“fines officer” has the meaning given by section 36;
“P” has the meaning given by paragraph 1.”
(13)Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).
(14)Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “ and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) ”.
Yn ddilys o 22/04/2014
(1)The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.
(2)Her Majesty's Revenue and Customs, or a person providing services to the Commissioners for Her Majesty's Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.
(3)Information disclosed to a relevant person under subsection (1) or (2)—
(a)must not be further disclosed, except to another relevant person who wants social security information, tax credit information or finances information in connection with deciding a fee-remission application, and
(b)must not be used otherwise than in connection with deciding a fee-remission application.
(4)Subsection (3) does not prohibit—
(a)disclosure or use of information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it;
(b)disclosure or use of information which has previously been disclosed to the public with lawful authority;
(c)disclosure or use of information so far as necessary to comply with—
(i)an order of a court,
(ii)an order of a tribunal established by or under an Act, or
(iii)a duty imposed by or under an Act or Northern Ireland legislation.
(5)It is an offence for a person to disclose or use information in contravention of subsection (3).
(6)It is a defence for a person charged with an offence under subsection (5) to prove that the person reasonably believed that the disclosure or use concerned was lawful.
(7)A person guilty of an offence under subsection (5) is liable—
(a)on conviction on indictment—
(i)to imprisonment for a term not exceeding 2 years, or
(ii)to a fine, or
(iii)to both;
(b)on summary conviction—
(i)to imprisonment for a period not exceeding 12 months, or
(ii)to a fine not exceeding the statutory maximum, or
(iii)to both.
(8)Subsection (7)(b) applies—
(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and
(b)in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(9)A prosecution for an offence under subsection (5)—
(a)may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and
(b)may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(10)In this section—
“fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—
section 92 of the Courts Act 2003 (court fees),
section 52 of the Constitutional Reform Act 2005 (Supreme Court fees),
section 54 of the Mental Capacity Act 2005 (Court of Protection fees),
section 58 of that Act (Public Guardian fees),
section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees),
paragraph 9 of Schedule 12 to the Commonhold and Leasehold Reform Act 2002 (leasehold valuation tribunal fees),
paragraph 11 of Schedule 13 to the Housing Act 2004 (residential property tribunal fees), and
section 7 of the Gender Recognition Act 2004 (Gender Recognition Panel fees);
“finances information” means information which—
is about a person's income, gains or capital, and
is held—
by Her Majesty's Revenue and Customs, or
by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services;
“relevant person” means—
the Lord Chancellor,
the Secretary of State,
a person providing services to the Lord Chancellor or to the Secretary of State,
any of the officers or staff of the Supreme Court, or
any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;
“social security information” means information which is held for the purposes of functions relating to social security—
by the Secretary of State or a Northern Ireland Department, or
by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services,
or information which is held with information so held;
“tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—
by Her Majesty's Revenue and Customs, or
by a person providing services to the Commissioners for Her Majesty's Revenue and Customs, in connection with the provision of those services.
(1)For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the Supreme Court to be appointed by Lord Chancellor after consulting President of the Court) substitute—
“(2)It is for the President of the Court to appoint the chief executive.”
(2)Section 49 of that Act (officers and staff of the Supreme Court) is amended as follows.
(3)In subsection (2) (number of officers and staff, and their terms, are for the chief executive but subject to the provision in subsection (3) about application of civil service pension arrangements)—
(a)for “these matters with the agreement of the Lord Chancellor—” substitute “ the following matters— ”, and
(b)for “subsection” substitute “ subsections (2A) and ”.
(4)After subsection (2) insert—
“(2A)Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.”
(5)In subsection (3) (civil service pension arrangements apply to chief executive, officers and staff) for “The” at the beginning substitute “ Accordingly, the ”.
Commencement Information
I7S. 29 in force at 15.7.2013 by S.I. 2013/1725, art. 2(e)
Yn ddilys o 01/10/2013
(1)In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—
(1)A Supreme Court security officer is a person who is—
(a)appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and
(b)designated by the President as a Supreme Court security officer.
(2)The President may give directions as to—
(a)training courses to be completed by Supreme Court security officers;
(b)conditions to be met before a person may be designated as a Supreme Court security officer.
(3)For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer's duty.
(4)In those sections “court building” means any building—
(a)where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and
(b)to which the public has access.
(1)A Supreme Court security officer acting in the execution of the officer's duty may search—
(a)any person who is in, or seeking to enter, a court building, and
(b)any article in the possession of such a person.
(2)Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person's clothing other than a coat, jacket, headgear, gloves or footwear.
(3)A Supreme Court security officer acting in the execution of the officer's duty may exclude or remove from a court building, or a part of a court building, any person who refuses—
(a)to permit a search under subsection (1), or
(b)to surrender an article in the person's possession when asked to do so under section 51C(1).
(4)A Supreme Court security officer acting in the execution of the officer's duty may—
(a)restrain any person who is in a court building, or
(b)exclude or remove any person from a court building, or a part of a court building,
if it is reasonably necessary to do so for one of the purposes given in subsection (5).
(5)The purposes are—
(a)enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;
(b)maintaining order;
(c)securing the safety of any person in the court building.
(6)A Supreme Court security officer acting in the execution of the officer's duty may remove any person from a courtroom at the request of—
(a)a judge of the Supreme Court, or
(b)a member of the Judicial Committee of the Privy Council.
(7)The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.
(1)If a Supreme Court security officer acting in the execution of the officer's duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.
(2)The grounds are that the article—
(a)may jeopardise the maintenance of order in the court building (or a part of it),
(b)may put the safety of any person in the court building at risk, or
(c)may be evidence of, or in relation to, an offence.
(3)Subject to subsection (4), a Supreme Court security officer may retain an article which was—
(a)surrendered in response to a request under subsection (1), or
(b)seized under that subsection,
until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.
(4)If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—
(a)the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or
(b)the end of the permitted period,
whichever is the later.
(5)In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.
(6)Subsections (3) to (5) do not apply where a knife is—
(a)surrendered to a Supreme Court security officer in response to a request under subsection (1), or
(b)seized by a Supreme Court security officer under that subsection,
but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).
(7)If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.
(8)In this section “knife” includes—
(a)a knife-blade, and
(b)any other article which—
(i)has a blade or is sharply pointed, and
(ii)is made or adapted for use for causing injury to the person.
(1)The Lord Chancellor may by regulations make provision as to—
(a)the provision to persons—
(i)by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or
(ii)from whom articles have been seized under that subsection,
of written information about the powers of retention of Supreme Court security officers,
(b)the keeping of records about articles which have been so surrendered or seized,
(c)the period for which unclaimed articles have to be kept, and
(d)the disposal of unclaimed articles at the end of that period.
(2)In subsection (1) “unclaimed article” means an article—
(a)which has been retained under section 51C,
(b)which a person is entitled to have returned,
(c)which has not been returned, and
(d)whose return has not been requested by a person entitled to it.
(3)Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—
(a)the procedure to be followed when a knife is retained under section 51C;
(b)the making of requests by eligible persons for the return of knives so retained;
(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.
(4)In subsection (3)—
“eligible person”, in relation to a knife retained under section 51C, means—
the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or
any other person specified in regulations under subsection (3);
“knife” has the same meaning as in section 51C.
(1)Any person who assaults a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction—
(a)to imprisonment for a term not exceeding 12 months, or
(b)to a fine not exceeding level 5 on the standard scale, or
(c)to both.
(3)Subsection (2) applies—
(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to impose imprisonment), and
(b)in Northern Ireland,
as if the reference to 12 months were a reference to 6 months.
(4)A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer's duty commits an offence.
(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(2)In section 48(3)(a) of the Constitutional Reform Act 2005 (delegation of President's functions to chief executive) after “under section 49(1)” insert “ or 51A(1)(a) or (b) ”.
(1)Section 9 of the Contempt of Court Act 1981 (recording of court proceedings) is amended as follows.
(2)After subsection (1) insert—
“(1A)In the case of a recording of Supreme Court proceedings, subsection (1)(b) does not apply to its publication or disposal with the leave of the Court.”
(3)In subsection (2) (leave under subsection (1)(a): grant, refusal, conditions, withdrawal and amendment)—
(a)after “paragraph (a) of subsection (1)” insert “ , or under subsection (1A), ”,
(b)for “if granted may” substitute “if granted—
(a)may, in the case of leave under subsection (1)(a),”, and
(c)after “leave; and” insert—
“(b)may, in the case of leave under subsection (1A), be granted subject to such conditions as the Supreme Court thinks proper with respect to publication or disposal of any recording to which the leave relates;
and ”.
(4)In subsection (1) (activities which are contempt of court) after paragraph (c) insert—
“(d)to publish or dispose of any recording in contravention of any conditions of leave granted under subsection (1A).”
(1)The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—
(a)does not apply in relation to the making of a recording or the making of a prescribed recording;
(b)does not apply in relation to the making of a recording, or the making of a prescribed recording, if prescribed conditions are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;
(c)does not apply in relation to prescribed use of a prescribed recording.
(2)Those sections are—
(a)section 41 of the Criminal Justice Act 1925 (no photography or drawing in court of persons involved in proceedings, and no publication of contravening images);
(b)section 9 of the Contempt of Court Act 1981 (no sound recording in court without permission, and no public playing of recordings).
(3)In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—
(a)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, to apply in relation to the proceedings, or
(b)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, disapplied in relation to the proceedings only if conditions specified in the direction are met.
(4)No appeal may be made against—
(a)a direction given under subsection (3), or
(b)a decision not to give a direction under that subsection.
(5)In this section—
“recording” means a visual or sound recording on any medium, including (in particular)—
films and other video-recordings, with or without sound,
other photographs, and
sketches and portraits;
“prescribed” means prescribed by an order under subsection (1).
(6)The preceding provisions of this section do not apply in relation to Supreme Court proceedings.
(7)In section 41 of the Criminal Justice Act 1925 after subsection (1) insert—
“(1A)See section 32 of the Crime and Courts Act 2013 for power to provide for exceptions.”
(8)In section 9 of the Contempt of Court Act 1981 after subsection (4) insert—
“(5)See section 32 of the Crime and Courts Act 2013 for power to provide for further exceptions.”
Commencement Information
I8S. 32 in force at 15.7.2013 by S.I. 2013/1725, art. 2(f)
(1)Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.
(2)That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.
Yn ddilys o 03/11/2015
(1)This section applies where—
(a)a relevant claim is made against a person (“the defendant”),
(b)the defendant was a relevant publisher at the material time,
(c)the claim is related to the publication of news-related material, and
(d)the defendant is found liable in respect of the claim.
(2)Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.
(3)But the court may disregard subsection (2) if—
(a)the approved regulator imposed a penalty on the defendant in respect of the defendant's conduct or decided not to do so,
(b)the court considers, in light of the information available to the approved regulator when imposing the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the penalty or deciding not to impose one, and
(c)the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages under this section against the defendant.
(4)Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—
(a)may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the case, but
(b)may do so only under this section.
(5)Exemplary damages may be awarded under this section only if they are claimed.
(6)Exemplary damages may be awarded under this section only if the court is satisfied that—
(a)the defendant's conduct has shown a deliberate or reckless disregard of an outrageous nature for the claimant's rights,
(b)the conduct is such that the court should punish the defendant for it, and
(c)other remedies would not be adequate to punish that conduct.
(7)Exemplary damages may be awarded under this section whether or not another remedy is granted.
(8)The decision on the question of—
(a)whether exemplary damages are to be awarded under this section, or
(b)the amount of such damages,
must not be left to a jury.
Commencement Information
I9Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
(1)This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.
(2)The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.
(3)The court must take account of the following—
(a)whether membership of an approved regulator was available to the defendant at the material time;
(b)if such membership was available, the reasons for the defendant not being a member;
(c)so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.
(4)The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—
(a)material is not obtained by or on behalf of the defendant in an inappropriate way, and
(b)material is not published by the defendant in inappropriate circumstances.
(5)The court may regard deterring the defendant and others from similar conduct as an object of punishment.
(6)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.
Commencement Information
I10Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
(1)This section applies where the court decides to award exemplary damages under section 34.
(2)The court must have regard to these principles in determining the amount of exemplary damages—
(a)the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;
(b)the amount must be proportionate to the seriousness of the conduct.
(3)The court must take account of these matters in determining the amount of exemplary damages—
(a)the nature and extent of any loss or harm caused, or intended to be caused, by the defendant's conduct;
(b)the nature and extent of any benefit the defendant derived or intended to derive from such conduct.
(4)The court may regard deterring the defendant and others from similar conduct as an object of punishment.
(5)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.
Commencement Information
I11Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
(1)This section applies where a relevant publisher—
(a)is a defendant to a relevant claim, and
(b)is found liable to two or more persons in respect of the claim (“the persons affected”).
(2)In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct.
(3)But the court may take account of any such settlement or compromise only if the defendant agrees.
(4)If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively.
(5)If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.
Commencement Information
I12Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
(1)Any liability of two or more persons for exemplary damages awarded under section 34 is several (and not joint or joint and several).
(2)Subsection (1) has effect subject to the law relating to the liability of a partner for the conduct of another partner.
(3)Where the liability of two or more persons for exemplary damages is several, no contribution in respect of the damages may be recovered by any of them under section 1 of the Civil Liability (Contribution) Act 1978.
Commencement Information
I13Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
(1)This section applies where—
(a)a relevant claim is made against a person (“the defendant”),
(b)the defendant was a relevant publisher at the material time,
(c)the claim is related to the publication of news-related material, and
(d)the defendant is found liable in respect of the claim.
(2)Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.
(3)In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—
(a)are awarded against a person in respect of the person's motive or exceptional conduct, but
(b)are not exemplary damages or restitutionary damages.
(4)Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.
Commencement Information
I14Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)
Prospective
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 40 omitted (24.7.2024) by virtue of Media Act 2024 (c. 15), ss. 50(2), 55(2)
(1)In sections 34 to 40, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—
(a)which is written by different authors, and
(b)which is to any extent subject to editorial control.
This is subject to subsections (5) and (6).
(2)News-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for—
(a)the content of the material,
(b)how the material is to be presented, and
(c)the decision to publish it.
(3)A person who is the operator of a website is not to be taken as having editorial or equivalent responsibility for the decision to publish any material on the site, or for content of the material, if the person did not post the material on the site.
(4)The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3).
(5)A person is not a “relevant publisher” if the person is specified by name in Schedule 15.
(6)A person is not a “relevant publisher” in so far as the person's publication of news-related material is in a capacity or case of a description specified in Schedule 15.
(7)But a person who is not a “relevant publisher” as a result of paragraph 8 of that Schedule (micro-businesses) is nevertheless to be regarded as such if the person was a member of an approved regulator at the material time.
(1)This section applies for the purposes of sections 34 to 41.
(2)“Approved regulator” means a body recognised as a regulator of relevant publishers.
(3)For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.
(4)“Relevant claim” means a civil claim made in respect of any of the following—
(a)libel;
(b)slander;
(c)breach of confidence;
(d)misuse of private information;
(e)malicious falsehood;
(f)harassment.
(5)For the purposes of subsection (4)—
(a)the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of section 13 of the Data Protection Act 1998 (damage or distress suffered as a result of a contravention of a requirement of that Act);
(b)the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.
(6)The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.
(7)“” means—
(a)news or information about current affairs,
(b)opinion about matters relating to the news or current affairs, or
(c)gossip about celebrities, other public figures or other persons in the news.
(8)A relevant claim is related to the publication of news-related material if the claim results from—
(a)the publication of news-related material, or
(b)activities carried on in connection with the publication of such material (whether or not the material is in fact published).
(9)A reference to the “publication” of material is a reference to publication—
(a)on a website,
(b)in hard copy, or
(c)by any other means;
and references to a person who “publishes” material are to be read accordingly.
(10)A reference to “conduct” includes a reference to omissions; and a reference to a person's conduct includes a reference to a person's conduct after the events giving rise to the claim concerned.
(1)Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.
(2)Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—
“(5A)In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”
(3)In subsection (6) at the beginning insert “ In a case other than a householder case, ”.
(4)After subsection (8) insert—
“(8A)For the purposes of this section “a householder case” is a case where—
(a)the defence concerned is the common law defence of self-defence,
(b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),
(c)D is not a trespasser at the time the force is used, and
(d)at that time D believed V to be in, or entering, the building or part as a trespasser.
(8B)Where—
(a)a part of a building is a dwelling where D dwells,
(b)another part of the building is a place of work for D or another person who dwells in the first part, and
(c)that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.
(8C)Where—
(a)a part of a building is forces accommodation that is living or sleeping accommodation for D,
(b)another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and
(c)that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.
(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).
(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).
(8F)In subsections (8A) to (8C)—
“building” includes a vehicle or vessel, and
“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”
(5)In subsection (9) (section intended to be clarificatory) after “This section” insert “ , except so far as making different provision for householder cases, ”.
(6)An amendment made by this section does not apply in respect of force used before the amendment comes into force.
Yn ddilys o 11/12/2013
Schedule 16 (which makes provision about community orders, restorative justice, community requirements in suspended sentence orders, compensation orders and fines etc) has effect.
Yn ddilys o 24/02/2014
Schedule 17 makes provision about deferred prosecution agreements.
Yn ddilys o 20/03/2015
(1)Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and Wales: restraint orders) is amended in accordance with subsections (2) to (6).
(2)After subsection (2) insert—
“(2A)A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception).
(2B)A relevant legal aid payment is a payment that the specified person is obliged to make—
(a)by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and
(b)in connection with services provided in relation to an offence which falls within subsection (5),
whether the obligation to make the payment arises before or after the restraint order is made.”
(3)In subsection (3)—
(a)after “subject to” insert “ other ”, and
(b)omit paragraph (c).
(4)In subsection (4), for “But an exception to a restraint order” substitute “ But where an exception to a restraint order is made under subsection (3), it ”.
(5)After subsection (5) insert—
“(5A)A legal aid exception—
(a)must be made subject to prescribed restrictions (if any) on—
(i)the circumstances in which payments may be made in reliance on the exception, or
(ii)the amount of the payments that may be made in reliance on the exception,
(b)must be made subject to other prescribed conditions (if any), and
(c)may be made subject to other conditions.
(5B)Any other exception to a restraint order may be made subject to conditions.”
(6)After subsection (9) insert—
“(10)In this section “prescribed” means prescribed by regulations made by the Secretary of State.”
(7)In section 459 of that Act (orders and regulations)—
(a)in subsection (4)(a), after “section” insert “ 41(5A), ”, and
(b)in subsection (6)(a), after “section” insert “ 41(5A), ”.
Commencement Information
I15S. 46(1) in force at 20.3.2015 for specified purposes by S.I. 2015/813, art. 2(a)(i)
I16S. 46(5) in force at 20.3.2015 for specified purposes by S.I. 2015/813, art. 2(a)(ii)
I17S. 46(6)(7) in force at 20.3.2015 by S.I. 2015/813, art. 2(a)(iii)
Yn ddilys o 20/03/2015
(1)The Secretary of State may by regulations—
(a)make provision about the making of relevant legal aid payments out of property that is the subject of a restraint order under Part 2 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and
(b)make provision in connection with cases in which such payments are or may be made out of such property,
whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or 4 of Part 8 of that Act or otherwise.
(2)The provision that may be made by regulations under this section includes—
(a)provision about how much property may be subject to a restraint order, including provision made by reference to the amount or estimated amount of relevant legal aid payments;
(b)provision for a restraint order or other order under Part 2 of the 2002 Act to remain in force, where a relevant legal aid payment remains unpaid, in circumstances in which the order would otherwise have to be discharged;
(c)provision about powers of investigation for the purpose of identifying property that may be used to make relevant legal aid payments, including powers exercisable where an order continues in force in accordance with provision described in paragraph (b);
(d)provision about the use of property in cases in which there is or has been a restraint order, including provision about the order in which different obligations to make payments may or must be satisfied in such cases;
(e)provision about powers of entry, search and seizure;
(f)provision about the payment of compensation by the Lord Chancellor;
(g)provision about the disclosure and use of documents, information and other evidence.
(3)The provision that may be made by regulations under this section (whether by virtue of this section or section 58(12)) includes—
(a)provision conferring, removing or otherwise modifying a function;
(b)provision amending, repealing, revoking or otherwise modifying provision made by or under any enactment (including provision inserted or amended by this Act).
(4)In this section—
“function” means a function of any description, including a power or duty (whether conferred by an enactment or arising otherwise);
“property” has the same meaning as in Part 2 of the 2002 Act;
“relevant legal aid payment” means—
a payment that is a relevant legal aid payment for the purposes of section 41 of the 2002 Act, and
a payment that would be such a payment if a restraint order were made.
(5)In subsection (2)(a) and (c) the references to relevant legal aid payments include any payment that is likely to be a relevant legal aid payment when the obligation to make the payment arises.
Commencement Information
I18S. 47 in force at 20.3.2015 by S.I. 2015/813, art. 2(b)
(1)Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.
(2)After section 282 insert—
(1)An order under this Chapter may be made by the High Court in England and Wales or the Court of Session—
(a)in respect of property wherever situated, and
(b)in respect of a person wherever domiciled, resident or present,
subject to subsection (2).
(2)Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of—
(a)property that is outside the United Kingdom, or
(b)property that is in the United Kingdom but outside the relevant part of the United Kingdom,
unless there is or has been a connection between the case and the relevant part of the United Kingdom.
(3)The circumstances in which there is or has been such a connection include those described in Schedule 7A.
(4)“The relevant part of the United Kingdom” means—
(a)in relation to an order made by the High Court in England and Wales, England and Wales, and
(b)in relation to an order made by the Court of Session, Scotland.”
(3)After Schedule 7 insert—
Section 282A
1There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom.
2There has been a connection where the property in question has been in the relevant part of the United Kingdom, but only if it was recoverable property in relation to the unlawful conduct for some or all of the time it was there.
3There is a connection where there is other property in the relevant part of the United Kingdom that is recoverable property in relation to the unlawful conduct.
4There has been a connection where, at any time, there has been other property in the relevant part of the United Kingdom that, at the time, was recoverable property in relation to the unlawful conduct.
5(1)There is or has been a connection where a person described in sub-paragraph (2)—
(a)is linked to the relevant part of the United Kingdom,
(b)was linked to that part of the United Kingdom at a time when the unlawful conduct, or some of the unlawful conduct, was taking place, or
(c)has been linked to that part of the United Kingdom at any time since that conduct took place.
(2)Those persons are—
(a)a person whose conduct was, or was part of, the unlawful conduct;
(b)a person who was deprived of property by the unlawful conduct;
(c)a person who holds the property in question;
(d)a person who has held the property in question, but only if it was recoverable property in relation to the unlawful conduct at the time;
(e)a person who holds other property that is recoverable property in relation to the unlawful conduct;
(f)a person who, at any time, has held other property that was recoverable property in relation to the unlawful conduct at the time.
(3)A person is linked to the relevant part of the United Kingdom if the person is—
(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b)a person who, under the British Nationality Act 1981, is a British subject,
(c)a British protected person within the meaning of that Act,
(d)a body incorporated or constituted under the law of any part of the United Kingdom, or
(e)a person domiciled, resident or present in the relevant part of the United Kingdom.
6(1)There is a connection where the property in question is property held on trust, or an interest in property held on trust, and—
(a)the trust arises under the law of any part of the United Kingdom,
(b)the trust is entirely or partly governed by the law of any part of the United Kingdom,
(c)one or more of the trustees is linked to the relevant part of the United Kingdom, or
(d)one or more of the beneficiaries of the trust is linked to the relevant part of the United Kingdom.
(2)A person is linked to the relevant part of the United Kingdom if the person falls within paragraph 5(3).
(3)“Beneficiaries” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.
7“The relevant part of the United Kingdom” has the meaning given in section 282A(4).
8“The unlawful conduct” means—
(a)in a case in which the property in question was obtained through unlawful conduct, that conduct,
(b)in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or
(c)in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.”
(4)Omit section 286 (scope of powers: Scotland).
(5)In section 316 (general interpretation), after subsection (8A) insert—
“(8B)An enforcement authority in relation to England and Wales or Scotland may take proceedings there for an order under Chapter 2 of this Part in respect of any property or person, whether or not the property or person is (or is domiciled, resident or present) in that part of the United Kingdom.”
(6)In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc of unlawful conduct)—
(a)Part 1 makes provision about the enforcement of interim orders in the United Kingdom, and
(b)Part 2 makes provision about enforcement where property or evidence is outside the United Kingdom.
(7)The amendments made by this section and Part 2 of Schedule 18 are deemed always to have had effect.
(8)The amendments made by this section and Schedule 18 do not affect the extent to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part 5), or of any other enactment, apply in respect of persons or property outside the United Kingdom or outside a particular part of the United Kingdom.
Extent Information
E1S. 48(2)(3)(5)(6)(7): "the relevant civil recovery provisions" as specified in Sch. 25 para. 1, and to the extent there specified, do not extend to Northern Ireland, see Sch. 25 para. 2
Commencement Information
I19S. 48 partly in force; s. 48(1)-(5)(6)(b)(7)(8) in force at Royal Assent, see s. 61(11)(c)
Yn ddilys o 22/11/2014
In Schedule 19 (proceeds of crime: investigations)—
(a)Part 1 makes provision about orders and warrants sought under Part 8 of the Proceeds of Crime Act 2002 in connection with civil recovery investigations,
(b)Part 2 makes provision about obtaining evidence overseas, and
(c)Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.