The Justices of the Peace (Training and Development Committee) (Amendment) Rules 2011

Statutory Instruments

2011 No. 1493

Justices Of The Peace, England And Wales

The Justices of the Peace (Training and Development Committee) (Amendment) Rules 2011

Made

14th June 2011

Laid before Parliament

16th June 2011

Coming into force in accordance with rule 1

The Lord Chief Justice makes the following Rules, in exercise of the powers conferred on him by:

sections 10(4), 18(6) and 19(1) and (2) of the Courts Act 2003(1), after consultation with the Lord Chancellor, the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates’ Courts Rule Committee in accordance with section 20(2) of that Act; and

section 45(4) of the Children and Young Persons Act 1933(2), with the concurrence of the Lord Chancellor and after consultation with the Criminal Procedure Rule Committee in accordance with section 45(6) of that Act.

Citation and Commencement

1.  These Rules may be cited as the Justices of the Peace (Training and Development Committee) (Amendment) Rules 2011 and shall come into force—

(a) in respect of rules 2 to 14(a) on 1st January 2012;

(b) in respect of rule 14(b) on 1st October 2011.

Amendments to the Justices of the Peace (Training and Development Committee) Rules 2007

2.  The Justices of the Peace (Training and Development Committee) Rules 2007(3) are amended in accordance with rules 3 to 12.

3.  In rule 2(1) omit the definition of the ILYTDC.

4.  In rule 4(2)(b) omit “if its local justice area is outside the Inner London area”.

5.  In rule 11—

(a) in sub-paragraph (1)(c) omit “, if its local justice area is outside the Inner London area”;

(b) in paragraph (4) for “the Area Director” substitute “the relevant Delivery Director”.

6.  In rule 21(1)(d) for “the Area Director” substitute “the relevant Delivery Director”.

7.  After rule 22 omit the heading “Inner London Youth Training and Development Committee” and rules 23 to 30 (inclusive).

8.  Omit rule 32(3).

9.  In rule 36—

(a) in paragraph (2) for “(4) and (5)” substitute “(4), (4A) and (5)”;

(b) after paragraph (4) insert—

“(4A) The approving Committee may include a youth justice in the list of approved youth court chairman without complying with the condition set out in paragraph (2)(a) if the youth justice was a member of the youth panel for the Inner London area immediately prior to 1st January 2012 and only sat in youth courts.”.

10.  In rule 37—

(a) in paragraph (1) for “BTDC, the FTDC and the ILYTDC” substitute “BTDC and the FTDC”;

(b) omit paragraph (4);

(c) in paragraph (5) omit “if its local justice area is not within the Inner London area”.

11.  In rule 43—

(a) in paragraph (5) omit sub-paragraph (c);

(b) in paragraphs (6) and (8) for “Area” in each place substitute “Delivery”.

12.  In rule 44—

(a) in paragraph (5) omit sub-paragraph (c);

(b) in paragraphs (6) and (7) for “Area” in each place substitute “Delivery”.

13.  In rule 45 for “BTDC, FTDC or the ILYTDC” and for both references to “BTDC, FTDC or ILYTDC” substitute “BTDC or FTDC”.

14.  In rule 47—

(a) for sub-paragraph (1)(a) substitute—

“(a) consider the training needs identified by BTDCs, and, where appropriate, FTDCs in accordance with rules 11(2)(c) and 21(1)(b); and”;

(b) in paragraph (3) for “September” substitute “June”.

Judge, C.J.

Lord Chief Justice

9th June 2011

I concur, by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

14th June 2011

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Justices of the Peace (Training and Development Committee) Rules 2007 (S.I. 2007/1609) to abolish the Inner London Youth Training and Development Committee and to provide that functions in relation to youth courts in the Inner London area that were previously carried out by the Inner London Youth Training and Development Committee will now be carried out by a Bench Training and Development Committee, as is the case elsewhere in England and Wales.

These Rules provide that a youth justice, who immediately prior to the coming into force of these Rules sat on the Inner London Youth Panel and only sat in youth courts, can join the list of approved youth court chairs.

These Rules amend the date on which a Magistrates’ Area Training Committee is required to submit its annual training report to the Lord Chief Justice and replace references to ‘Area Directors’ with ‘Delivery Directors’ to reflect the change of title of Area Director in Her Majesty’s Courts and Tribunals Service to Delivery Director.

(1)

2003 c.39; as amended by section 15(1) and Schedule 4, Part 1, paragraphs 308 and 320 of the Constitutional Reform Act 2005 (c. 4).

(2)

1933 c.12; as amended by section 15(1) and Schedule 4, Part 1, paragraph 20 of the Constitutional Reform Act 2005 (c. 4).

(3)

S.I. 2007/1609.