Courts Act 2003

Part 1 E+W Maintaining the court system

The general duty E+W

1 The general duty E+W

(1) The Lord Chancellor is under a duty to ensure that there is an efficient and effective system to support the carrying on of the business of—

(a) the [F1 Senior Courts]

[F2 (aa) the Court of Protection,]

(b) [F3 the county court],

[F4 (ba) the family court, and]

(c) magistrates' courts,

and that appropriate services are provided for those courts.

(2) In this Part—

(a) “the [F1 Senior Courts]” includes the district probate registries, and

(b) “magistrates' court” includes a committee of justices.

(3) In this Part references to the Lord Chancellor’s general duty in relation to the courts are to his duty under this section.

(4) The Lord Chancellor must, within 18 months of the coming into force of this section, and afterwards annually, prepare and lay before both Houses of Parliament a report as to the way in which he has discharged his general duty in relation to the courts.

Textual Amendments

F1 Words in s. 1 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; {S.I. 2009/1604, art. 2(d)}

F2 S. 1(1)(aa) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 47(2) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(d)

F3 Words in s. 1(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F4 S. 1(1)(ba) substituted for word in s. 1(1)(b) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 84; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Court staff and accommodation E+W

2 Court officers, staff and services E+W

(1) The Lord Chancellor may appoint such officers and other staff as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(2) The civil service pension arrangements for the time being in force apply (with any necessary adaptations) to persons appointed under subsection (1) as they apply to other persons employed in the civil service of the State.

(3) “The civil service pension arrangements” means—

(a) the principal civil service pension scheme (within the meaning of section 2 of the Superannuation Act 1972 (c. 11)), and

(b) any other superannuation benefits for which provision is made under or by virtue of section 1 of the 1972 Act for or in respect of persons in employment in the civil service of the State.

(4) Subject to subsections (5) and (6), the Lord Chancellor may enter into such contracts with other persons for the provision, by them or their sub-contractors, of officers, staff or services as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(5) The Lord Chancellor may not enter into contracts for the provision of officers and staff to discharge functions which involve making judicial decisions or exercising any judicial discretion.

(6) The Lord Chancellor may not enter into contracts for the provision of officers and staff to carry out the administrative work of the courts unless an order made by the Lord Chancellor authorises him to do so.

(7) Before making an order under subsection (6) the Lord Chancellor must consult—

(a) the Lord Chief Justice,

(b) the Master of the Rolls,

[F5 (c) the President of the Queen's Bench Division,

(d) the President of the Family Division, and

(e) the Chancellor of the High Court.]

as to what effect (if any) the order might have on the proper and efficient administration of justice.

(8) An order under subsection (6) may authorise the Lord Chancellor to enter into contracts for the provision of officers or staff to discharge functions—

(a) wholly or to the extent specified in the order,

(b) generally or in cases or areas specified in the order, and

(c) unconditionally or subject to the fulfilment of conditions specified in the order.

Textual Amendments

F5 S. 2(7)(c)-(e) substituted (1.10.2005) for s. 2(7)(c)(d) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 309(1); S.I. 2005/2505, art. 2(c)

3 Provision of accommodation E+W

(1) The Lord Chancellor may provide, equip, maintain and manage such court-houses, offices and other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(2) The Lord Chancellor may enter into such arrangements for the provision, equipment, maintenance or management of court-houses, offices or other accommodation as appear to him appropriate for the purpose of discharging his general duty in relation to the courts.

(3) The powers under—

(a) section 2 of the Commissioners of Works Act 1852 (c. 28) (acquisition by agreement), and

(b) section 228(1) of the Town and Country Planning Act 1990 (c. 8) (compulsory acquisition),

to acquire land necessary for the public service are to be treated as including power to acquire land for the purpose of its provision under arrangements entered into under subsection (2).

(4) “Court-house” means any place where a court sits, including the precincts of any building in which it sits.

Courts boards E+W

F6 4 Establishment of courts boards E+W

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Textual Amendments

F6 S. 4 repealed (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 4

F7 5 Functions of courts boards E+W

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Textual Amendments

F7 S. 5 repealed (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 5

Abolition of magistrates' courts committees E+W

6 Abolition of magistrates' courts committees, etc. E+W

(1) The Greater London Magistrates' Courts Authority (the magistrates' courts committee for Greater London) and all the magistrates' courts committees for areas of England and Wales outside Greater London are abolished.

(2) In consequence of that—

(a) England and Wales outside Greater London is no longer divided into magistrates' courts committee areas, and

(b) the office of justices' chief executive is abolished.

(3) Schedule 2 (abolition of magistrates' courts committees: transfers) has effect.

(4) The Justices of the Peace Act 1997 (c. 25) ceases to have effect.

Commencement Information

I1 S. 6 wholly in force at 1.4.2005; s. 6 not in force at Royal Assent see s. 110(1)(2); s. 6(3) in force at 1.9.2004 by S.I. 2004/2066, art. 2(a) (subject to art. 3); s. 6 in force at 1.4.2005 insofar as not already in force by S.I. 2005/910, art. 3(d)

Part 2 E+W Justices of the peace

The commission of the peace and local justice areas E+W

7 The commission of the peace for England and Wales E+W

There shall be a commission of the peace for England and Wales—

(a) issued under the Great Seal, and

(b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales.

8 Local justice areas E+W

(1) England and Wales is to be divided into areas to be known as local justice areas.

(2) The areas are to be those specified by an order made by the Lord Chancellor.

(3) Each local justice area established by order under subsection (2) is to be known by such name as is specified in the order (but subject to subsection (4)).

(4) The Lord Chancellor may make orders altering local justice areas.

(5) “Altering”, in relation to a local justice area, includes (as well as changing its boundaries)—

(a) combining it with one or more other local justice areas,

(b) dividing it between two or more other local justice areas, and

(c) changing its name.

[F8 (5A) Before making any order under subsection (2) or (4), the Lord Chancellor must consult the Lord Chief Justice.]

(6) Before making an order under subsection (4) in relation to a local justice area the Lord Chancellor must consult—

(a) the justices of the peace assigned to the local justice area,

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) unless the alteration consists only of a change of name, any local authorities whose area includes the local justice area or a part of the local justice area.

(7) “Local authority” means—

(a) any council of a county, a county borough, a London borough or a council of a district,

(b) the Common Council of the City of London, or

[F10 (c) a police and crime commissioner or the Mayor's Office for Policing and Crime.]

[F11 (8) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F8 S. 8(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 312(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F9 S. 8(6)(b) repealed (2.5.2012) by The Public Bodies (Abolition of Courts Boards) Order 2012 (S.I. 2012/1206), art. 1(2), Sch. para. 6

F10 S. 8(7)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 311; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 72)

F11 S. 8(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 312(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

Lay justices E+W

9 Meaning of “lay justice” E+W

In this Act “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).

10 Appointment of lay justices etc. E+W

(1) Lay justices are to be appointed for England and Wales by the [F12 Lord Chief Justice] by instrument on behalf and in the name of Her Majesty.

[F13 (1A) Subject to the following provisions of this section and to sections 11 to 15, a person appointed under subsection (1) is to hold and vacate office as a justice of the peace in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.]

(2) [F14 Lord Chief Justice]

(a) must assign each lay justice to one or more local justice areas, and

(b) may change an assignment so as to assign the lay justice to a different local justice area or to different local justice areas.

[F15 (2ZA) The Lord Chief Justice must ensure that arrangements for the exercise, so far as affecting any local justice area, of the function under subsection (1) include arrangements for consulting persons appearing to the Lord Chief Justice to have special knowledge of matters relevant to the exercise of that function in relation to that area.]

[F16 (2A) The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under [F17 subsection ] (2) include arrangements for consulting persons appearing to him to have special knowledge of matters relevant to the exercise of those functions in relation to that area.]

(3) Every lay justice is, by virtue of his office, capable of acting as such in any local justice area (whether or not he is assigned to it); but he may do so only in accordance with arrangements made by [F18 Lord Chief Justice] .

(4) Rules may make provision about the training courses to be completed before a person may exercise functions as a lay justice in any proceedings or class of proceedings specified in the rules.

(5) Subsection (3) is subject to section 12 (the supplemental list).

[F19 (6) The functions conferred on the Lord Chief Justice by subsections (2) and (3) may be exercised only after consulting the Lord Chancellor.

[F20 (6A) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise functions of the Lord Chief Justice under subsection (1).]

(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2)[F21 , (2ZA)] or (3).]

Textual Amendments

F12 Words in s. 10(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F13 S. 10(1A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F14 Words in s. 10(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 313(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F15 S. 10(2ZA) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(4); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F16 S. 10(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 106; S.I. 2006/1014, art. 2(a), Sch. 1 para. 6

F17 Word in s. 10(2A) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(5); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F18 Words in s. 10(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 313(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F19 S. 10(6)(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 313(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F20 S. 10(6A) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(6); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F21 Word in s. 10(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 39(7); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

11 Resignation and removal of lay justices E+W

(1) A lay justice may resign his office at any time.

(2) The Lord Chancellor may [F22 , with the concurrence of the Lord Chief Justice,] remove a lay justice from his office by an instrument on behalf and in the name of Her Majesty—

(a) on the ground of incapacity or misbehaviour,

(b) on the ground of a persistent failure to meet such standards of competence as are prescribed by a direction given by the Lord Chancellor [F23 with the concurrence of the Lord Chief Justice] , or

(c) if he is satisfied that the lay justice is declining or neglecting to take a proper part in the exercise of his functions as a justice of the peace.

Textual Amendments

F22 Words in s. 11(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 314(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F23 Words in s. 11(2)(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 314(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

12 The supplemental list E+W

(1) A list, to be known as “the supplemental list”, must be kept in the office of the Clerk of the Crown in Chancery.

(2) A lay justice whose name is entered in the supplemental list is not qualified as a justice of the peace to do any act or to be a member of a committee or other body.

(3) No act or appointment is invalidated by reason of the disqualification of a lay justice under subsection (2).

13 Entry of names in the supplemental list E+W

(1) Subject to [F24 subsection] (3), the name of a lay justice who has reached [F25 75] must be entered in the supplemental list.

F26 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where—

(a) proceedings are, or are expected to be, in progress on the day on which the lay justice reaches [F27 75], and

(b) the lay justice is exercising functions in those proceedings as a justice of the peace,

the [F28 Lord Chief Justice may, with the concurrence of the Lord Chancellor,] direct that the name of the lay justice need not be entered in the supplemental list until the proceedings have ended.

(4) The name of a lay justice must be entered in the supplemental list if—

(a) he applies for it to be entered, and

(b) the application is approved by the Lord Chancellor.

(5) The Lord Chancellor may [F29 , with the concurrence of the Lord Chief Justice,] direct that the name of a lay justice is to be entered in the supplemental list on the ground of incapacity.

[F30 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (3).]

Textual Amendments

F24 Word in s. 13(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(a)(i) (with Sch. 1 paras. 43, 44)

F25 Word in s. 13(1) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(a)(ii) (with Sch. 1 paras. 43, 44)

F26 S. 13(2) omitted (10.3.2022) by virtue of Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(b) (with Sch. 1 paras. 43, 44)

F27 Word in s. 13(3)(a) substituted (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 33(c) (with Sch. 1 paras. 43, 44)

F28 Words in s. 13(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F29 Words in s. 13(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F30 S. 13(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 315(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

14 Removal of names from the supplemental list E+W

(1) A person’s name must be removed from the supplemental list if he ceases to be a justice of the peace.

(2) A person’s name must be removed from the supplemental list if—

(a) his name is in the list as a result of section 13(4) or (5), and

(b) the Lord Chancellor [F31 , with the concurrence of the Lord Chief Justice,] directs its removal.

Textual Amendments

F31 Words in s. 14(2)(b) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 316; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

Modifications etc. (not altering text)

C1 S. 14(2) excluded (10.3.2022) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(a), Sch. 1 para. 44(7)

15 Lay justices' allowances E+W

(1) A lay justice is entitled to payments by way of—

(a) travelling allowance,

(b) subsistence allowance, and

(c) financial loss allowance.

(2) Allowances under this section are to be paid by the Lord Chancellor at rates determined by him.

(3) A lay justice’s travelling allowance is an allowance in respect of expenditure—

(a) which is incurred by him on travelling, and

(b) which is necessarily incurred for the purpose of enabling him to perform his duties.

(4) A lay justice’s subsistence allowance is an allowance in respect of expenditure—

(a) which is incurred by him on subsistence, and

(b) which is necessarily incurred for the purpose of enabling him to perform his duties.

(5) A lay justice’s financial loss allowance is an allowance in respect of—

(a) any other expenditure incurred by reason of the performance of his duties, and

(b) any loss of earnings or social security benefits suffered by reason of the performance of his duties.

(6) A lay justice is not entitled to a payment under this section in respect of the performance of his duties if—

(a) a payment of a similar kind in respect of those duties may be made to him apart from this section, or

(b) entitlement to the payment is excluded by regulations made by the Lord Chancellor.

(7) For the purposes of this section the performance of a lay justice’s duties includes taking a training course provided by or on behalf of the [F32 Lord Chief Justice] .

(8) The Lord Chancellor may by regulations make provision about the way in which this section is to be administered and may in particular make provision—

(a) prescribing sums (including tax credits) that are to be treated as social security benefits for the purposes of financial loss allowances,

(b) prescribing the particulars to be provided for claiming payment of allowances, and

(c) for avoiding duplication between payments under this section and under other arrangements where expenditure is incurred for more than one purpose.

[F33 (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (7).]

Textual Amendments

F32 Words in s. 15(7) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 317(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F33 S. 15(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 317(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

16 Records of lay justices E+W

(1) The Lord Chancellor—

(a) must appoint a person to be keeper of the rolls for each local justice area, and

(b) may appoint the same person to be keeper of the rolls for more than one local justice area.

(2) The keeper of the rolls for a local justice area must be notified, in such manner as the Lord Chancellor may direct, of—

(a) any assignment of a lay justice to the area,

(b) any change in an assignment of a lay justice as a result of which he ceases to be assigned to the area, and

(c) the fact that a lay justice assigned to the area has ceased to be a justice of the peace or that his name has been entered in or removed from the supplemental list.

(3) The keeper of the rolls for a local justice area must ensure that an accurate record is maintained of all lay justices for the time being assigned to the area.

[F34 (4) The Lord Chancellor must consult the Lord Chief Justice before—

(a) appointing a person under subsection (1), or

(b) giving a direction under subsection (2).

(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F34 S. 16(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 318; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

Chairman and deputy chairmen and the bench E+W

17 Chairman and deputy chairmen: selection E+W

(1) For each local justice area there is to be—

(a) a chairman of the lay justices assigned to the area, and

(b) one or more deputy chairmen of those lay justices,

chosen by them from among their number.

(2) Rules may make provision—

(a) subject to subsection (3), as to the term of office of the chairman and deputy chairmen, and

(b) as to the number of deputy chairmen to be elected for any area.

(3) The [F35 Lord Chief Justice may, with the concurrence of the Lord Chancellor,] authorise a lay justice to continue to hold office as chairman or deputy chairman for the purposes of specified proceedings which are, or are expected to be, in progress on the day on which the lay justice’s office would otherwise end.

(4) Any contested election for choosing the chairman or a deputy chairman is to be held by secret ballot.

(5) Rules may make provision for the purposes of this section and may in particular make provision—

(a) about the procedure for nominating candidates for election as a chairman or a deputy chairman;

(b) about the procedure at such an election.

[F36 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F35 Words in s. 17(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 319(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F36 S. 17(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 319(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

18 Rights to preside and size of bench E+W

(1) If the chairman for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in the area, he must preside.

(2) If, in the absence of the chairman, one or more of the deputy chairmen for a local justice area is present at a sitting or other meeting of lay justices assigned to or acting in that area he (or the most senior of them) must preside.

(3) Neither subsection (1) nor subsection (2) applies if, in accordance with rules, the chairman or (as the case may be) the deputy chairman asks another of the lay justices to preside.

(4) Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside in court if, under rules, he is ineligible to do so.

(5) Subsections (1) and (2) do not confer on the chairman or a deputy chairman a right to preside—

(a) in a youth court F37 ...,

(b) at meetings of a committee or other body of justices of the peace which has its own chairman, or

(c) at sittings when a District Judge (Magistrates' Courts) is engaged as such in administering justice.

(6) Rules may make provision for the purposes of subsections (3) and (4) and may in particular make provision—

(a) as to training courses to be completed by lay justices before they may preside in court,

(b) as to—

(i) the approval of lay justices, in accordance with the rules, before they may preside in court,

(ii) the lay justices who may be so approved, and

(iii) the courts to which the approval relates, and

(c) as to circumstances in which a lay justice may preside in court even though requirements imposed under paragraph (a) or (b) are not met in relation to him.

(7) Rules may also make provision—

(a) specifying the maximum number of lay justices who may sit to deal with a case as a magistrates' court, and

(b) as to the arrangements to be made for securing the presence on the bench of enough, but not more than enough, lay justices.

Textual Amendments

F37 Words in s. 18(5)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 85; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Supplementary provisions about the bench E+W

19 Training, development and appraisal of lay justices E+W

(1) Rules may (in addition to making provision under sections 10(4) and 18(6)) make provision for, or in connection with, the training, development and appraisal of lay justices.

(2) Such rules may make provision for committees, constituted in accordance with the rules, to have such functions as may be specified in the rules, including, in particular—

(a) providing advice and support to lay justices in connection with their functions as lay justices;

(b) identifying the training needs of lay justices;

(c) appraising lay justices and reporting on the results of appraisals;

(d) giving or withholding approval for the purposes of section 18;

(e) advising the [F38 Lord Chief Justice] in relation to authorisations of lay justices as [F39 judges of the family court or as members of] youth courts;

(f) granting or revoking such authorisations on behalf of the [F38 Lord Chief Justice] .

(3) The [F40 Lord Chief Justice] must ensure that [F41 training and training materials that appear to him, after consulting the Lord Chancellor, to be appropriate] are provided for lay justices with a view to enabling them to comply with requirements as to training imposed by rules under section 10 or 18 or this section.

[F42 (4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F38 Words in s. 19(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 320(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F39 Words in s. 19(2)(e) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 86; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F40 Words in s. 19(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 320(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F41 Words in s. 19(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 320(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F42 S. 19(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 320(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

20 Rules E+W

(1) In sections 10, 17, 18 and 19 “rules” means rules made by the [F43 Lord Chief Justice] .

(2) Before making any rules for the purposes of section 10, 17, 18 or 19 the [F44 Lord Chief Justice] must consult—

[F45 (za) the Lord Chancellor,]

(a) the Criminal Procedure Rule Committee,[F46 and]

(b) the Family Procedure Rule Committee, F47 ...

F47 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F48 (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions of making the rules referred to in this section.]

Textual Amendments

F43 Words in s. 20(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 321(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F44 Words in s. 20(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 321(3)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F45 S. 20(2)(za) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 321(3)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F46 Word in s. 20(2)(a) inserted (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 5(a)

F47 S. 20(2)(c) and word repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 5(b)

F48 S. 20(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 321(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F49 21 Duty to consult lay justices on matters affecting them etc. E+W

(1) The Lord Chancellor [F50 and the Lord Chief Justice] must take all reasonable and practicable steps—

(a) for ensuring that lay justices acting in a local justice area are kept informed of matters affecting them in the performance of their duties, and

(b) for ascertaining their views on such matters.

[F51 (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F49 S. 21 renumbered as s. 21(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 322(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F50 Words in s. 21(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 322(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F51 S. 21(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 322(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

District Judges (Magistrates' Courts) E+W

22 Appointment etc. E+W

(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who [F52 satisfies the judicial-appointment eligibility condition on a 5-year basis] to be a District Judge (Magistrates' Courts).

(2) A District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 (c. 72) and the Promissory Oaths Act 1871 (c. 48).

(3) The Lord Chancellor may pay to a District Judge (Magistrates' Courts) such allowances as he may determine.

(4) Any such allowances are in addition to the salary charged on and paid out of the Consolidated Fund under section 9 of the Administration of Justice Act 1973 (c. 15).

(5) The Lord Chancellor may [F53 , with the concurrence of the Lord Chief Justice,] remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.

Textual Amendments

F52 Words in s. 22(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007 (c.15), ss. 50, 148, Sch. 10 para. 38(2); S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F53 Words in s. 22(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 323; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

23 Senior District Judge (Chief Magistrate) E+W

[F54 Her Majesty]

(a) may designate one of the District Judges (Magistrates' Courts) to be Senior District Judge (Chief Magistrate), and

(b) if [F55 she] does so, may designate another of them to be the deputy of the Senior District Judge (Chief Magistrate).

Textual Amendments

F54 Words in s. 23 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 3 para. 5(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9

F55 Words in s. 23 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 3 para. 5(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 9

24 Deputy District Judges (Magistrates' Courts) E+W

(1) The [F56 Lord Chief Justice] may appoint a person who [F57 satisfies the judicial-appointment eligibility condition on a 5-year basis] to be a Deputy District Judge (Magistrates' Courts) for such period as the Lord Chancellor considers appropriate (but subject to subsection (4)).

(2) A Deputy District Judge (Magistrates' Courts) must, before acting as such, take the oath of allegiance and judicial oath in accordance with the Promissory Oaths Act 1868 and the Promissory Oaths Act 1871.

(3) The Lord Chancellor may pay to a Deputy District Judge (Magistrates' Courts) such remuneration and allowances as he may determine.

[F58 (4) A person may be removed from office as a Deputy District Judge (Magistrates' Courts)—

(a) only by the Lord Chancellor with the agreement of the Lord Chief Justice, and

(b) only on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment.

(4A) Subject to subsection (4B), the period of a person's appointment under this section (including a period already extended under this subsection) must be extended by the Lord Chancellor before its expiry.

(4B) Extension under subsection (4A)—

(a) requires the person's agreement,

(b) is to be for such period as the Lord Chancellor considers appropriate, and

(c) may be refused on—

(i) the ground of inability or misbehaviour, or

(ii) a ground specified in the person's terms of appointment,

but only with any agreement of the Lord Chief Justice, or a nominee of the Lord Chief Justice, that may be required by those terms.

(4C) Subject to the preceding provisions of this section (but subject in the first place to the Judicial Pensions and Retirement Act 1993), a person appointed under this section is to hold and vacate office as a Deputy District Judge (Magistrates' Courts) in accordance with the terms of the person's appointment, which are to be such as the Lord Chancellor may determine.

(4D) The Lord Chief Justice may nominate a senior judge (as defined in section 109(5) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice's functions under subsection (1) or (4)(a).]

(5) During the period of his appointment, a Deputy District Judge (Magistrates' Courts)—

(a) is to act as a District Judge (Magistrates' Courts), and

(b) is to be treated for all purposes (apart from appointment, tenure, remuneration, allowances and pensions) as if he were a District Judge (Magistrates' Courts).

Textual Amendments

F56 Words in s. 24(1) substituted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 38(2); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

F57 Words in s. 24(1) substituted (21.7.2008) by Tribunals, Courts and Enforcement Act 2007, (c. 15), ss. 50, 148, {Sch. 10 para. 38(3)}; S.I. 2008/1653, art. 2(d) (with arts. 3, 4)

F58 S. 24(4)-(4D) substituted for s. 24(4) (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 38(3); S.I. 2013/2200, art. 3(e) (with savings in S.I. 2013/2192, regs. 48, 49)

25 District Judges (Magistrates' Courts) as justices of the peace E+W

(1) A District Judge (Magistrates' Courts) is by virtue of his office a justice of the peace for England and Wales.

(2) It is the duty of a District Judge (Magistrates' Courts) to act as a justice of the peace in any local justice area in accordance with arrangements made by [F59 the Lord Chief Justice, after consulting the Lord Chancellor] .

[F60 (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (2).]

Textual Amendments

F59 S. 25(2): words 'or on behalf of the Lord Chancellor' left out, and words 'the Lord Chief Justice, after consulting the Lord Chancellor' inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 325(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F60 S. 25(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 325(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

26 District Judges (Magistrates' Courts) able to act alone E+W

(1) Nothing in the 1980 Act—

(a) requiring a magistrates' court to be composed of two or more justices, or

(b) limiting the powers of a magistrates' court when composed of a single justice,

applies to a District Judge (Magistrates' Courts).

(2) A District Judge (Magistrates' Courts) may—

(a) do any act, and

(b) exercise alone any jurisdiction,

which can be done or exercised by two justices, apart from granting or transferring a licence.

(3) Any enactment making provision ancillary to the jurisdiction exercisable by two justices of the peace also applies to the jurisdiction of a District Judge (Magistrates' Courts), unless the provision relates to granting or transferring a licence.

F61 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) “The 1980 Act” means the Magistrates' Courts Act 1980 (c. 43).

Textual Amendments

F61 S. 26(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F62 Legal advice] E+W

Textual Amendments

F62 Ss. 28, 29 and crossheading substituted for ss. 27-29 (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 26; S.I. 2020/24, regs. 2(b)(ii), 3(b)

F62 27 Justices' clerks and assistant clerks E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F62 28 Function of giving legal advice to justices of the peace E+W

(1) The Lord Chief Justice may authorise a person—

(a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and

(b) to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising.

(2) For the purposes of subsection (1), the functions of justices of the peace do not include functions as a judge of the family court or the Crown Court.

(3) The Lord Chief Justice may authorise a person under subsection (1) only if the person—

(a) is appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and

(b) has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice.

(4) An authorisation under subsection (1)—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Lord Chief Justice at any time.

(5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

(6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

(a) the Lord Chief Justice, or

(b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

(7) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.]

[F62 29 Directions and independence E+W

(1) The Lord Chief Justice may give directions to a person authorised to exercise functions under section 28(1).

(2) Apart from such directions, a person authorised to exercise functions under section 28(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions.

(3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

(4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

(a) the Lord Chief Justice, or

(b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

(5) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.]

Places, dates and times of sittings E+W

30 Places, dates and times of sittings E+W

(1) The Lord Chancellor may [F63 , after consulting the Lord Chief Justice,] give directions as to the places in England and Wales at which magistrates' courts may sit.

(2) In exercising his powers under subsection (1), the Lord Chancellor shall have regard to the need to ensure that court-houses are accessible to persons resident in each local justice area.

(3) The Lord Chancellor may, with the concurrence of the Lord Chief Justice, give directions as to the distribution and transfer of the general business of magistrates' courts between the places specified in directions under subsection (1).

(4) Directions under subsection (3) may, in particular, contain provision that, where a person is charged with an offence and is being required to appear before a magistrates' court, the place where he is required to appear is one of the places described in subsection (5).

(5) The places are—

(a) a place in the local justice area in which the offence is alleged to have been committed;

(b) a place in the local justice area in which the person charged with the offence resides;

(c) a place in the local justice area in which the witnesses, or the majority of the witnesses, reside;

(d) a place where other cases raising similar issues are being dealt with.

F64 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Lord Chancellor may [F65 , after consulting the Lord Chief Justice,] give directions as to the days on which and times at which magistrates' courts may sit.

(8) Subject to any directions under subsection (7), the business of magistrates' courts may be conducted on any day and at any time.

[F66 (9) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1) or (7).]

Textual Amendments

F63 Words in s. 30(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 328(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F64 S. 30(6) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 88; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F65 Words in s. 30(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 328(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F66 S. 30(9) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 328(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

Protection and indemnification of justices and justices' clerks E+W

31 Immunity for acts within jurisdiction E+W

(1) No action lies against a justice of the peace in respect of what he does or omits to do—

(a) in the execution of his duty as a justice of the peace, and

(b) in relation to a matter within his jurisdiction.

F67 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 S. 31(2) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 27; S.I. 2020/24, reg. 3(b)

32 Immunity for certain acts beyond jurisdiction E+W

(1) An action lies against a justice of the peace in respect of what he does or omits to do—

(a) in the purported execution of his duty as a justice of the peace, but

(b) in relation to a matter not within his jurisdiction,

if, but only if, it is proved that he acted in bad faith.

F68 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 S. 32(2) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 28; S.I. 2020/24, reg. 3(b)

33 Striking out proceedings where action prohibited E+W

(1) If an action is brought in circumstances in which section 31 or 32 provides that no action lies, a judge of the court in which the action is brought may, on the application of the defendant, strike out the proceedings in the action.

(2) If a judge strikes out proceedings under subsection (1), he may if he thinks fit order the person bringing the action to pay costs.

34 Costs in legal proceedings E+W

(1) A court may not order a justice of the peace to pay costs in any proceedings in respect of what he does or omits to do in the execution (or purported execution) of his duty as a justice of the peace.

F69 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) But [F70 subsection (1) does] not apply in relation to any proceedings in which a justice of the peace F71 ...—

(a) is being tried for an offence or is appealing against a conviction, or

(b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

(4) A court which is prevented by subsection (1) [F72 from ordering a justice of the peace] to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

(5) The Lord Chancellor may [F73 , after consulting the Lord Chief Justice,] make regulations specifying—

(a) circumstances in which a court must or must not exercise the power conferred on it by subsection (4), and

(b) how the amount of any payment ordered under subsection (4) is to be determined.

[F74 (6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F69 S. 34(2) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(2); S.I. 2020/24, reg. 3(b)

F70 Words in s. 34(3) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(a); S.I. 2020/24, reg. 3(b)

F71 Words in s. 34(3) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(3)(b); S.I. 2020/24, reg. 3(b)

F72 Words in s. 34(4) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 29(4); S.I. 2020/24, reg. 3(b)

F73 Words in s. 34(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F74 S. 34(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 329(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

35 Indemnity E+W

(1) “Indemnifiable amounts”, in relation to a justice of the peace F75 ..., means—

(a) costs which he reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of his duty as a justice of the peace F75 ...,

(b) costs which he reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,

(c) damages awarded against him or costs ordered to be paid by him in such proceedings, or

(d) sums payable by him in connection with a reasonable settlement of such proceedings or such a claim.

(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.

(3) The Lord Chancellor must indemnify a justice of the peace F76 ... in respect of—

(a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith, and

(b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, he acted reasonably and in good faith.

(4) The Lord Chancellor may indemnify a justice of the peace F77 ... in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that he acted in bad faith.

(5) Any question whether, or to what extent, a person is to be indemnified under this section is to be determined by the Lord Chancellor.

(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—

(a) costs such as are mentioned in subsection (1)(a) or (b), or

(b) sums such as are mentioned in subsection (1)(d),

before the costs are incurred or the settlement in connection with which the sums are payable is made.

(7) But a determination under subsection (6) before costs are incurred—

(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and

(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.

Textual Amendments

F75 Words in s. 35(1) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 30(2); S.I. 2020/24, reg. 3(b)

F76 Words in s. 35(3) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 30(3); S.I. 2020/24, reg. 3(b)

F77 Words in s. 35(4) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 30(4); S.I. 2020/24, reg. 3(b)

Fines officers and designated officers E+W

36 Fines officers E+W

Any reference in an enactment to a fines officer is to a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated as a fines officer by the Lord Chancellor.

[F78 36A All functions of fines officers may be contracted-out E+W

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.]

Textual Amendments

F78 S. 36A inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 26(2), 61(6)

37 Designated officers and magistrates' courts E+W

(1) Any reference in an enactment to the designated officer, in relation to a magistrates' court, justice of the peace or local justice area, is to a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated by the Lord Chancellor in relation to that court, justice of the peace or area.

(2) In this section “magistrates' court” includes—

(a) a committee of justices, F79 ...

F80 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F79 Word in s. 37(2)(a) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 31(a); S.I. 2020/24, reg. 3(b)

F80 S. 37(2)(b) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 31(b); S.I. 2020/24, reg. 3(b)

Application of receipts of magistrates' courts etc. E+W

38 Application of receipts of designated officers E+W

(1) The following are to be paid to the Lord Chancellor—

(a) fines imposed by a magistrates' court,

(b) sums which—

(i) become payable by virtue of an order of a magistrates' court, and

(ii) are by an enactment made applicable as fines (or any description of fines) imposed by a magistrates' court, and

(c) all other sums received by—

(i) a designated officer for a magistrates' court, or

(ii) a designated officer for a local justice area,

in his capacity as such.

(2) “Fine” includes—

(a) any pecuniary penalty, pecuniary forfeiture or pecuniary compensation payable under a conviction, and

(b) any pecuniary forfeiture on conviction by, or under any order of, a magistrates' court so far as the forfeiture is converted into or consists of money.

(3) For the purposes of this section anything done by the Crown Court on appeal from a magistrates' court is to be treated as done by the magistrates' court.

(4) Any sums received by the Lord Chancellor under this section are to be paid by him into the Consolidated Fund.

Modifications etc. (not altering text)

C2 S. 38 modified (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 132(6), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

39 Limits to requirements about application of receipts E+W

(1) Section 38(1) is subject to section 139 of the 1980 Act (sums paid on summary conviction applied for payment of compensation and costs).

(2) Paragraphs (a) and (b) of section 38(1) do not apply to sums which, by or under any enactment, are directed to be paid to—

(a) the Commissioners of Customs and Excise, or

(b) officers of, or persons appointed by, the Commissioners.

(3) Those paragraphs also do not apply to sums which, by or under any enactment, are directed—

(a) to be paid to or for the benefit of—

(i) the party aggrieved or injured or a person described in similar terms, or

(ii) the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence,

(b) to be applied in making good any default or repairing any damage or reimbursing any expenses (other than those of the prosecution), or

(c) to be paid to any person, if the enactment refers in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.

(4) Paragraph (c) of section 38(1) does not apply to—

(a) sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person, or

(b) sums received by a designated officer on account of his salary or expenses as such.

(5) Any sum paid to the Lord Chancellor by virtue of paragraph (c) of section 38(1) is to be paid to him subject to being repaid to any person establishing his title to it.

40 Regulations about payments, accounting and banking by designated officers E+W

(1) The Lord Chancellor may, with the concurrence of the Treasury, make regulations—

(a) as to the times at which, and the manner in which, a designated officer is to pay sums payable by him in his capacity as such to the Lord Chancellor or any other person,

(b) requiring the keeping of accounts by designated officers in respect of sums received by them,

(c) as to the production, inspection and audit of accounts required to be kept, and

(d) requiring designated officers to use—

(i) specified banking arrangements or facilities, or

(ii) banking arrangements or facilities of a specified description,

in relation to sums received by them.

(2) Regulations under this section may make different provision in relation to different descriptions of designated officer.

Miscellaneous E+W

41 Disqualification of lay justices who are members of local authorities E+W

(1) A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—

(a) that local authority,

(b) a committee or officer of that local authority, or

(c) if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—

(i) the executive of that local authority (within the meaning of that Part), or

(ii) any person acting on behalf of that executive.

(2) A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—

(a) the Corporation of the City,

(b) the Common Council, or

(c) a committee or officer of the Corporation or the Common Council.

(3) A joint committee, joint board, joint authority or other combined body—

(a) of which a local authority, the Corporation or the Common Council is a member, or

(b) on which the local authority, the Corporation or the Council is represented,

is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.

(4) Any reference in this section to an officer of—

(a) a local authority,

(b) the Corporation, or

(c) the Common Council,

is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.

(5) No act is invalidated merely because of the disqualification under this section of the person by whom it is done.

(6) “Local authority” means—

(a) a local authority within the meaning of the Local Government Act 1972 (c. 70),

(b) a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

F81 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82 (d) the London Fire Commissioner,]

(e) a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),

[F83 (ea) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,

(eb) a combined authority established under section 103 of that Act,]

[F84 (ec) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,]

(f) a National Park Authority,

(g) the Broads Authority, or

(h) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).

[F85 (7) In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.]

Textual Amendments

F81 S. 41(6)(c) repealed (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 189; S.I. 2013/1682, art. 3(v)

F82 S. 41(6)(d) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 109(2); S.I. 2018/227, reg. 4(c)

F83 S. 41(6)(ea)(eb) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148, Sch. 6 para. 118; S.I. 2009/3318, art. 2

F84 S. 41(6)(ec) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 153 (with s. 247)

F85 S. 41(7) inserted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 109(3); S.I. 2018/227, reg. 4(c)

42 Effect of Act of Settlement on existing justices of the peace E+W

Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates—

(a) any appointment, whether made before or after the passing of this Act, of a justice of the peace, or

(b) any act done by virtue of such an appointment.

Part 3 E+W Magistrates' courts

Criminal jurisdiction and procedure E+W

43 Summons or warrant for suspected offender E+W

(1) For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute—

“(1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

(a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b) a warrant to arrest that person and bring him before a magistrates' court.”

(2) Omit section 1(2), (5) and (8) of the 1980 Act.

44 Trial of summary offences E+W

For section 2 of the 1980 Act substitute—

“2 Trial of summary offences

(1) A magistrates' court has jurisdiction to try any summary offence.

(2) A magistrates' court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court.

(3) Subject to—

(a) sections 18 to 22, and

(b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way,

a magistrates' court has jurisdiction to try summarily any offence which is triable either way.

(4) A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.

(5) This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.”

45 Power to make rulings at pre-trial hearings E+W

(1) Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates' courts.

(2) The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.

46 Power to transfer criminal cases E+W

(1) After section 27 of the 1980 Act insert—

“Transfer of criminal proceedings E+W

27A Power to transfer criminal proceedings

(1) Where a person appears or is brought before a magistrates' court—

(a) to be tried by the court for an offence, or

(b) for the court to inquire into the offence as examining justices,

the court may transfer the matter to another magistrates' court.

(2) The court may transfer the matter before or after beginning the trial or inquiry.

(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

(2) Omit section 3B of the 1980 Act (transfer of trials of summary offences).

Civil jurisdiction and procedure E+W

47 Jurisdiction to issue summons and deal with complaints E+W

(1) For section 51 of the 1980 Act (issue of summons on complaint) substitute—

“51 Issue of summons on complaint

Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.”

(2) For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—

“52 Jurisdiction to deal with complaints

(1) A magistrates' court has jurisdiction to hear any complaint.

(2) But subsection (1) is subject to provision made by any enactment.”

48 Power to transfer civil proceedings (other than family proceedings) E+W

After section 57 of the 1980 Act insert—

“Transfer of civil proceedings (other than family proceedings) E+W

57A Power to transfer civil proceedings (other than family proceedings)

(1) A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.

(2) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.

(3) This section does not apply to family proceedings.

(4) The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.”

Family proceedings courts and youth courts E+W

F86 49 Family proceedings courts E+W

F86 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Omit section 68 of the 1980 Act (combined family panels for two or more petty sessions areas).

Textual Amendments

F86 S. 49(1) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

50 Youth courts E+W

(1) For section 45 of the 1933 Act (constitution of youth courts) substitute—

“45 Youth courts

(1) Magistrates' courts—

(a) constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and

(b) sitting for the purpose of—

(i) hearing any charge against a child or young person, or

(ii) exercising any other jurisdiction conferred on youth courts by or under this or any other Act,

are to be known as youth courts.

(2) A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.

(3) He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a youth court to deal with—

(a) proceedings of that description, or

(b) all proceedings dealt with by youth courts.

(4) The Lord Chancellor may by rules make provision about—

(a) the grant and revocation of authorisations,

(b) the appointment of chairmen of youth courts, and

(c) the composition of youth courts.

(5) Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.

(6) Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.

(7) Rules under subsection (4) are to be made by statutory instrument.

(8) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.”

(2) Omit Schedule 2 to the 1933 Act (constitution of youth courts).

(3) Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).

(4) “The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).

Modifications etc. (not altering text)

C3 S. 50(2)(3) amendment to earlier commencing SI 2007/2706 (8.12.2010) by The Courts Act 2003 (Commencement No. 14) Order 2010 (S.I. 2010/2921), art. 4

Commencement Information

I2 S. 50 fully in force; s. 50 not in force at Royal Assent, see s. 110(1)(2); s. 50(1)(4) in force at 1.4.2005 by S.I. 2005/910, art. 3(r); s. 50(2)(3) in force at 5.9.2007 by S.I. 2007/2706, art. 1

Part 4 E+W Court security

Modifications etc. (not altering text)

C4 Pt. 4: power to apply in part (with modifications) (18.11.2013) by Coroners and Justice Act 2009 (c. 25), ss. 148, 182(4)(c) (with s. 180); S.I. 2013/2908, art. 2

C5 Pt. 4 applied in part (with modifications) (20.3.2014) by The Tribunal Security Order 2014 (S.I. 2014/786), arts. 1, 3, 4(a)

C6 Pt. 4 (ss. 51-57): power to apply in part (with modifications) conferred (prosp.) by Coroners and Justice Act 2009 (c. 25), ss. 148, 182 (with s. 180)

51 Court security officers E+W

(1) A court security officer is a person who is—

(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and

(b) designated by the Lord Chancellor as a court security officer.

(2) The Lord Chancellor may by regulations make provision as to—

(a) training courses to be completed by court security officers;

(b) conditions to be met before a person may be designated as a court security officer.

(3) For the purposes of this Part a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise), is not to be regarded as acting in the execution of his duty.

Modifications etc. (not altering text)

C7 S. 51(1)(b) extended (1.4.2005) by The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911), art. 10

52 Powers of search E+W

(1) A court security officer acting in the execution of his 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 the officer to require a person to remove any of his clothing other than a coat, jacket, headgear, gloves or footwear.

(3) In this Part “court building” means any building—

(a) where the business of any of the courts referred to in section 1 is carried on, and

(b) to which the public has access.

53 Powers to exclude, remove or restrain persons E+W

(1) A court security officer acting in the execution of his 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 section 52(1), or

(b) to surrender an article in his possession when asked to do so under section 54(1).

(2) A court security officer acting in the execution of his 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 (3).

(3) The purposes are—

(a) enabling court business to be carried on without interference or delay;

(b) maintaining order;

(c) securing the safety of any person in the court building.

(4) A court security officer acting in the execution of his duty may remove any person from a courtroom at the request of a judge or a justice of the peace.

(5) The powers conferred by subsections (1), (2) and (4) include power to use reasonable force, where necessary.

54 Surrender and seizure of articles E+W

(1) If a court security officer acting in the execution of his 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 (3), he must ask the person to surrender the article.

(2) If the person refuses to surrender the article, the officer may seize it.

(3) 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.

[F87 54A Powers in relation to jurors' electronic communications devices E+W

(1) This section applies where an order has been made under section 15A of the Juries Act 1974 (surrender of electronic communications devices by jurors) in respect of the members of a jury.

(2) A court security officer acting in the execution of the officer's duty must, if ordered to do so by a judge, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.

(3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.

(4) If the search reveals a device which is required by the order to be surrendered—

(a) the officer must ask the juror to surrender the device, and

(b) if the juror refuses to do so, the officer may seize it.

(5) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).]

Textual Amendments

F87 S. 54A inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 70(2), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 55

55 Powers to retain articles surrendered or seized E+W

(1) Subject to subsection (2), a court security officer may retain an article which was—

(a) surrendered in response to a request under section 54(1), or

(b) seized under section 54(2),

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

[F88 (1A) Subject to subsection (2), a court security officer may retain an article which was—

(a) surrendered in response to a request under section 54A(4)(a), or

(b) seized under section 54A(4)(b),

until the end of the period specified in the relevant order under section 15A of the Juries Act 1974.]

(2) If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until—

[F89 (a) the time specified in subsection (1) or (1A) (as appropriate), or]

(b) the end of the permitted period,

whichever is later.

(3) “The permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.

[F90 (4) This section is subject to section 55A.]

Textual Amendments

F88 S. 55(1A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 70(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 55

F89 S. 55(2)(a) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 70(3)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 55

F90 S. 55(4) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 146(2), 182(4)(c) (with s. 180, Sch. 22 para. 44); S.I. 2010/816, art. 2, Sch. para. 9

[F91 55A Retention of knives surrendered or seized E+W

(1) This section applies where a knife is surrendered to a court security officer in response to a request under section 54(1) or seized by a court security officer under section 54(2).

(2) Section 55 does not apply.

(3) The knife must be retained in accordance with regulations under subsection (5), unless returned or disposed of in accordance with those regulations or regulations made under section 56.

(4) If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.

(5) Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—

(a) the procedure to be followed when a knife is retained under this section;

(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.

(6) For the purposes of this section—

• “ eligible person ”, in relation to a knife retained under this section, means—

  (a)

  the person who has surrendered the knife under section 54(1) or from whom the knife has been seized under section 54(2), or

  (b)

  any other person specified in regulations made under subsection (5);

• “ 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.]

Textual Amendments

F91 S. 55A inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 146(3), 182 (with s. 180, Sch. 22 para. 44); S.I. 2010/816, art. 2, Sch. para. 9

56 Regulations about retention of articles E+W

(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 section 54(1) [F92 or 54A(4)(a)], or

(ii) from whom articles have been seized under section 54(2) [F93 or 54A(4)(b)],

of written information about the powers of retention of 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) “Unclaimed article” means an article—

(a) which has been retained under section 55 [F94 or section 55A],

(b) which a person is entitled to have returned to him,

(c) which has not been returned, and

(d) whose return has not been requested by a person entitled to it.

Textual Amendments

F92 Words in s. 56(1)(a)(i) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 70(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 55

F93 Words in s. 56(1)(a)(ii) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 70(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 55

F94 Words in s. 56(2)(a) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 146(4), 182(4)(c) (with s. 180, Sch. 22 para. 44); S.I. 2010/816, art. 2, Sch. para. 9

57 Assaulting and obstructing court security officers E+W

(1) Any person who assaults a court security officer acting in the execution of his duty commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding 6 months,

or to both.

(3) A person who resists or wilfully obstructs a court security officer acting in the execution of his duty commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

F95 Part 5 U.K. Inspectors of court administration

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F95 Pt. 5 repealed (18.9.2012) by The Public Bodies (Abolition of Her Majesty s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 13 (with art. 2)

Part 6 E+W Judges

Offices, titles, styles etc. E+W

[F97 62 [F96 Head and Deputy Head of Civil Justice] E+W

(1) There is to be a Head of Civil Justice.

(2) The Head of Civil Justice is—

(a) the Master of the Rolls, or

(b) if the Lord Chief Justice appoints another person, that person.

(3) The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.

(4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—

(a) the Lord Chief Justice has consulted the Lord Chancellor;

(b) the person to be appointed is one of the following—

(i) the Chancellor of the High Court;

(ii) an ordinary judge of the Court of Appeal.

(5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F96 S. 62 inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F97 S. 62 substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 14, Sch. 4 para. 330; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

63 Ordinary judges of the Court of Appeal E+W

(1) In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—

“(3) An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.”

(2) “The 1981 Act” means the [F98 Senior Courts Act 1981](c. 54).

Textual Amendments

F98 Words in s. 63(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1; {S.I. 2009/1604, art. 2(d)}

64 Power to alter judicial titles E+W

(1) The Lord Chancellor may by order—

(a) alter the name of an office listed in subsection (2);

(b) provide for or alter the way in which the holders of any of those offices are to be styled.

(2) The offices are—

• Admiralty Registrar

• F99 ...

• [F100 Chancellor of the High Court]

• [F101 Chief Chancery Master]

• [F101 Chief Insolvency and Companies Court Judge]

• [F101 Chief Taxing Master]

• Circuit judge

• Deputy Circuit judge

• Deputy district judge appointed under section 102 of the 1981 Act

• Deputy district judge [F102 appointed under section 8 of the County Courts Act 1984]

• [F103 Deputy Head of Civil Justice]

• [F104 Deputy Head of Family Justice]

• Deputy judge of the High Court

• [F105 District judge of the county court]

• District judge of the High Court

• District judge of the principal registry of the Family Division

• District probate registrar

• [F106 Head of Civil Justice]

• [F107 Head of Family Justice]

• [F108 Insolvency and Companies Court Judge]

• Lord Chief Justice

• Master of the Chancery Division

• F109 ...

• Master of the Queen’s Bench Division

• Master of the Rolls

• Ordinary judge of the Court of Appeal

• [F110 President of the Courts of England and Wales]

• [F111 President of the Court of Protection,]

• President of the Family Division

• [F112 President of the Queen's Bench Division]

• Presiding Judge for a Circuit

• Puisne judge of the High Court

• Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals

• Recorder

• F113 ...

• [F101 Senior District Judge of the Family Division]

• [F114 Senior Judge of the Court of Protection,]

• [F101 Senior Master of the Queen’s Bench Division]

• Senior Presiding Judge for England and Wales

• Taxing Master of the [F115 Senior Courts]

• F116 ...

• Vice-president of the Court of Appeal

• [F117 Vice-president of the Court of Protection.]

• Vice-president of the Queen’s Bench Division.

[F118 (2A) The Lord Chancellor may by order—

(a) alter the name of a relevant office;

(b) provide for or alter the way in which a relevant office is to be styled.

(2B) In subsection (2A) “a relevant office” is a sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022 for which the corresponding original office is listed in Part 1 of Schedule 3 to that Act.]

(3) The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section [F119 91(1)] of the 1981 Act are to be styled.

[F120 (3A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(4) Before making an order under this section the Lord Chancellor must consult—

F121 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Master of the Rolls,

[F122 (ba) the President of the Queen's Bench Division,

(c) the President of the Family Division, and

(d) the Chancellor of the High Court.]

(5) An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) [F123 , (2A)] or (3).

(6) The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.

[F124 (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F99 Words in s. 64(2) omitted (15.7.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 89(2)(i); S.I. 2013/1725, art. 2(g)

F100 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(i); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F101 Words in s. 64(2) inserted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 2(3)(a), 4(2)

F102 Words in s. 64(2) substituted (19.7.2007) by Tribunals, Courts and Enforcement Act 2007, (c. 39), ss. 56, 148, {Sch. 11 para. 14}

F103 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(ii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F104 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(iv); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F105 Words in s. 64(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(b); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F106 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(v); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F107 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(vii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F108 Words in s. 64(2) inserted (26.2.2018) by The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 10(b)

F109 Words in s. 64(2) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 47(3)(a), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F110 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(viii); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F111 Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(ii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F112 Words in s. 64(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(2)(b)(ix); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F113 Words in s. 64(2) omitted (26.2.2018) by virtue of The Alteration of Judicial Titles (Registrar in Bankruptcy of the High Court) Order 2018 (S.I. 2018/130), art. 1, Sch. para. 10(a)

F114 Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(i) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F115 Words in s. 64(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F116 Words in s. 64(2) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 331(2)(a) {Sch. 18 Pt. 2}; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(y)

F117 Words in s. 64(2) inserted (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 67(1), 68(1)-(3), Sch. 6 para. 3(b)(iii) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F118 S. 64(2A)(2B) inserted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 10(2); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F119 Word in s. 64(3) substituted (20.2.2019) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), ss. 2(3)(b), 4(2)

F120 S. 64(3A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F121 S. 64(4)(a) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 331(4)(b)(i), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z), 30(b)

F122 S. 64(4)(ba)-(d) substituted (3.4.2006) for s. 64(4)(c)(d) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(4)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

F123 Word in s. 64(5) inserted (10.3.2022 for specified purposes, 1.10.2022 in so far as not already in force) by Public Service Pensions and Judicial Offices Act 2022 (c. 7), s. 131(1)(4)(c), Sch. 4 para. 10(3); S.I. 2022/1014, reg. 2(d) (with reg. 3)

F124 S. 64(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 331(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(z)

Flexibility in deployment of judicial resources E+W

65 District Judges (Magistrates' Courts) as Crown Court judges etc. E+W

F125 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).

(3) References in any enactment, instrument or other document to a district judge or deputy district judge do not include—

(a) a District Judge (Magistrates' Courts), or

(b) a Deputy District Judge (Magistrates' Courts).

Textual Amendments

F125 S. 65(1) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 5; S.I. 2012/669, art. 4(f)(i)

66 Judges having powers of District Judges (Magistrates' Courts) E+W

(1) Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—

(a) criminal causes and matters,F126 ...

F126 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The offices are—

(a) judge of the High Court;

[F127 (aa) Master of the Rolls;

(ab) ordinary judge of the Court of Appeal;

(ac) Senior President of Tribunals;]

(b) deputy judge of the High Court;

(c) Circuit judge;

(d) deputy Circuit judge;

(e) recorder.

[F128 (f) Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;

(g) judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;

(h) transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);

(i) deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);

(j) office listed—

(i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or

(ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);

(k) district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);

(l) deputy district judge appointed under section 102 of the Senior Courts Act 1981;

(m) judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;

(n) transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);

(o) member of a panel of Employment Judges established for England and Wales or for Scotland.]

[F129 (2A) A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.]

(3) For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.

F130 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F131 (5) In this section “ qualifying judge advocate ” means—

(a) the Judge Advocate General; or

(b) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).

(6) Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.]

[F132 (7) This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.]

Textual Amendments

F126 S. 66(1)(b) and word in s. 66(1)(a) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F127 S. 66(2)(aa)-(ac) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(2); S.I. 2013/2200, art. 3(g)

F128 S. 66(2)(f)-(o) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(3); S.I. 2013/2200, art. 3(g)

F129 S. 66(2A) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(a); S.I. 2012/669, art. 4(c)

F130 S. 66(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 90(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F131 S. 66(5)(6) inserted (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 2 para. 6(b); S.I. 2012/669, art. 4(c)

F132 S. 66(7) inserted (1.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 14 para. 4(4); S.I. 2013/2200, art. 3(g)

Commencement Information

I3 S. 66 partly in force; s. 66 not in force at Royal Assent see s. 110(1)(2); s. 66(1)(a)(2)(3) in force at 26.1.2004 by S.I. 2003/3345, art. 2(a)(iv)

67 Removal of restriction on Circuit judges sitting on certain appeals E+W

Section 56A of the 1981 Act (Circuit judges not to sit on certain appeals) ceases to have effect.

[F133 PART 6A E+W Exercise of judicial functions by authorised persons

Textual Amendments

F133 Pt. 6A inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 32; S.I. 2020/24, regs. 2(b)(iii), 3(b)

67A Meaning of “judicial office holder” and “relevant judicial function” E+W

(1) In this Part—

• “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;

• “relevant judicial function” means—

  (a)

  a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;

  (b)

  a judicial function of a person holding an office that entitles the person to exercise functions of such a court;

  but does not include a function to which any of the following subsections applies.

(2) This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.

(3) This subsection applies to any function so far as its exercise involves authorising a person's arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person's arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.

(4) This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—

(a) the person against whom the order is made, or

(b) the person's spouse, civil partner or dependent child aged under 18,

but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.

(5) This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.

(6) This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).

67B Authorisation to exercise relevant judicial functions E+W

(1) Rules of court may provide for the exercise of relevant judicial functions by persons who—

(a) are appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and

(b) satisfy any requirements specified in the rules as to qualifications or experience.

(2) A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.

(3) Such a person is referred to in this Part as an “authorised person”.

(4) An authorisation under subsection (2)—

(a) may be subject to conditions, and

(b) may be varied or revoked by the Lord Chief Justice at any time.

(5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

(6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

(a) the Lord Chief Justice, or

(b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

(7) Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.

67C Exercise of relevant judicial functions: reconsideration of decisions E+W

(1) Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.

(2) The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.

(3) If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.

(4) If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of—

(a) its decision, and

(b) its reasons for reaching that decision.

67D Directions and independence: authorised persons E+W

(1) The Lord Chief Justice may give directions to an authorised person.

(2) Apart from such directions, an authorised person exercising a relevant judicial function by virtue of section 67B(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the function.

(3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—

(a) a judicial office holder;

(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.

(4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—

(a) the Lord Chief Justice, or

(b) a judicial office holder nominated by the Lord Chief Justice,

when exercising the functions.

67E Protection of authorised persons E+W

(1) No action lies against an authorised person in respect of what the person does or omits to do—

(a) in the execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, and

(b) in relation to a matter within the person's jurisdiction.

(2) An action lies against an authorised person in respect of what the person does or omits to do—

(a) in the purported execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, but

(b) in relation to a matter not within the person's jurisdiction,

if, but only if, it is proved that the person acted in bad faith.

(3) If an action is brought in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—

(a) may, on the application of the defendant, strike out the proceedings in the action, and

(b) if it does so, may if it thinks fit order the person bringing the action to pay costs.

67F Costs in legal proceedings: authorised persons E+W

(1) A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.

(2) But subsection (1) does not apply in relation to any proceedings in which an authorised person—

(a) is being tried for an offence or is appealing against a conviction, or

(b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.

(3) A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.

(4) The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—

(a) circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and

(b) how the amount of any payment ordered under subsection (3) is to be determined.

(5) The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.

67G Indemnification of authorised persons E+W

(1) “Indemnifiable amounts”, in relation to an authorised person, means—

(a) costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,

(b) costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,

(c) damages awarded against the person or costs ordered to be paid by the person in such proceedings, or

(d) sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.

(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.

(3) The Lord Chancellor must indemnify an authorised person in respect of—

(a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith, and

(b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.

(4) The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.

(5) Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.

(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—

(a) costs such as are mentioned in subsection (1)(a) or (b), or

(b) sums such as are mentioned in subsection (1)(d),

before the costs are incurred or the settlement in connection with which the sums are payable is made.

(7) But a determination under subsection (6) before costs are incurred—

(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and

(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.]

Part 7 E+W Procedure rules and practice directions

Modifications etc. (not altering text)

C8 Pt. 7 modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(4), 94(1); S.I. 2008/755, art. 15(1)(f)

Criminal Procedure Rules and practice directions E+W

68 Meaning of “criminal court” E+W

In this Part “criminal court” means—

(a) the criminal division of the Court of Appeal;

(b) when dealing with any criminal cause or matter—

(i) the Crown Court;

(ii) a magistrates' court.

[F134 (c) the High Court in relation to its jurisdiction under the Extradition Act 2003.]

Textual Amendments

F134 S. 68(c) inserted (6.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 174(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2454, art. 4

69 Criminal Procedure Rules E+W

(1) There are to be rules of court (to be called “Criminal Procedure Rules”) governing the practice and procedure to be followed in the criminal courts.

(2) Criminal Procedure Rules are to be made by a committee known as the Criminal Procedure Rule Committee.

(3) The power to make Criminal Procedure Rules includes power to make different provision for different cases or different areas, including different provision—

(a) for a specified court or description of courts, or

(b) for specified descriptions of proceedings or a specified jurisdiction.

(4) Any power to make F135 . . . Criminal Procedure Rules is to be exercised with a view to securing that—

(a) the criminal justice system is accessible, fair and efficient, and

(b) the rules are both simple and simply expressed.

Textual Amendments

F135 Words in s. 69(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 332(2), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa), 30(b)

Commencement Information

I4 S. 69 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(i) (subject to art. 3)

70 Criminal Procedure Rule Committee E+W

(1) The Criminal Procedure Rule Committee is to consist of—

(a) the Lord Chief Justice, and

[F136 (b) the persons currently appointed in accordance with subsections (1A) and (1B).]

[F137 (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2).

(1B) The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).]

(2) [F138 The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a) a person nominated by the [F139 Lord Chancellor],

(b) three persons each of whom is either a puisne judge of the High Court or an ordinary judge of the Court of Appeal,

(c) two Circuit judges with particular experience of sitting in criminal courts,

(d) one District Judge (Magistrates' Courts),

(e) one lay justice,

[F140 (f) one person authorised under section 28(1) (authorisation to provide legal advice to justices of the peace),]

(g) the Director of Public Prosecutions or a person nominated by the Director,

(h) two persons who have a [F141 Senior Courts] qualification and who have particular experience of practice in criminal courts,

(i) two persons who—

(i) have been [F142 authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F141 Senior Courts], and

(ii) have particular experience of practice in criminal courts,

(j) one person who appears to represent [F143 the National Police Chiefs' Council], and

(k) two persons who appear to represent voluntary organisations with a direct interest in the work of criminal courts.

[F144 (2A) In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

[F145 (3) Before appointing a person in accordance with subsection (1A), [F146 other than a person falling within subsection (2)(a),] the Lord Chief Justice must consult the Lord Chancellor.

(3A) Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.]

(4) The Criminal Procedure Rule Committee is to be chaired by the Lord Chief Justice; and one of the judges appointed under subsection (2)(b) is to be his deputy.

[F147 (4A) A person falling within subsection (2)(f) exercising a function as a member of the Criminal Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.]

(5) The Lord Chancellor may reimburse—

(a) the travelling and out-of-pocket expenses of the members of the Criminal Procedure Rule Committee, and

(b) authorised travelling and out-of-pocket expenses of persons invited to participate in the work of the Committee.

[F148 (5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(6) “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).

Textual Amendments

F136 S. 70(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F137 S. 70(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F138 Words in s. 70(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F139 Words in s. 70(2)(a) substituted (22.8.2007) by The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(2)(a)}

F140 S. 70(2)(f) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 33(2); S.I. 2020/24, reg. 3(b)

F141 Words in s. 70 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F142 Words in s. 70(2)(i)(i) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 143(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F143 Words in s. 70(2)(j) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(f); S.I. 2017/399, Sch. para. 41

F144 S. 70(2A) inserted (1.1.2010) by Legal Services Act 2007, ss. 208, 211(2), {Sch. 21 para. 143(b)} (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F145 S. 70(3)(3A) substituted (3.4.2006) for s. 70(3) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F146 Words in s. 70(3) inserted (28.8.2007) by The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(2)(b)}

F147 S. 70(4A) inserted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 33(3); S.I. 2020/24, reg. 3(b)

F148 S. 70(5A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 333(6); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

Modifications etc. (not altering text)

C9 S. 70(2)(a): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order 2007/2128, {art. 4(1)(b)} (with art. 7)

71 Power to change certain requirements relating to Committee E+W

(1) The Lord Chancellor may by order—

[F149 (a) amend section 70(2) or (3A), and]

(b) make consequential amendments in any other provision of section 70.

[F150 (2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F149 S. 71(1)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 334(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F150 S. 71(2)(3) substituted (3.4.2006) for s. 71(2) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 334(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

72 Process for making Criminal Procedure Rules E+W

(1) The Criminal Procedure Rule Committee must, before making Criminal Procedure Rules—

(a) consult such persons as they consider appropriate, and

(b) meet (unless it is inexpedient to do so).

(2) Rules made by the Criminal Procedure Rule Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

[F151 (3) The Lord Chancellor may F152 . . . allow or disallow rules so made.

(4) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.]

(5) Rules so made [F153 and allowed] by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6) F154 . . . a statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) F155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F151 S. 72(3)(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 335(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F152 Words in s. 72(3) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(3)}

F153 Words in s. 72(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 335(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F154 Words in s. 72(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

F155 S. 72(7) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

Modifications etc. (not altering text)

C10 S. 72(3): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

Commencement Information

I5 S. 72 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(ii) (subject to art. 3)

[F156 72A Rules to be made if required by Lord Chancellor E+W

(1) This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 72.

(4) F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F156 S. 72A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 336; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F157 s. 72A(4) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007/2828, art. 8, {Sch. para. 8(4)}

Modifications etc. (not altering text)

C11 S. 72A(4): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

73 Power to amend legislation in connection with the rules E+W

F158 1 The Lord Chancellor may, F159 . . . F159 [F160 . . . after consulting the Lord Chief Justice] , by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—

(a) in order to facilitate the making of Criminal Procedure Rules, or

(b) in consequence of section 69 or 72 or Criminal Procedure Rules.

[F161 (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F158 S. 73 renumbered as s. 73(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 337(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F159 Words in s. 73(1) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), art. 8, {Sch. para. 8(5)}

F160 Words in s. 73(1) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 337(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F161 S. 73(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 337(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

Modifications etc. (not altering text)

C12 S. 73(1): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order (S.I. 2007/2128), {art. 4(1)(b)} (with art. 7)

Commencement Information

I6 S. 73 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(iii) (subject to art. 3)

74 Practice directions as to practice and procedure of the criminal courts E+W

(1) [F162 Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of the criminal courts.

(2) Directions as to the practice and procedure of the criminal courts [F163 given otherwise than under subsection (1) may not be given without the approval of—

(a) the Lord Chancellor, and

(b) the Lord Chief Justice.]

(3) The power to give directions under subsection (1) includes power—

(a) to vary or revoke directions as to the practice and procedure of the criminal courts (or any of them), whether given [F164 under subsection (1) or otherwise] ,

(b) to give directions containing different provision for different cases (including different areas), and

(c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

[F165 (4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of judicial decisions.

(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a) after consulting the Lord Chancellor, and

(b) with the approval of the Lord Chief Justice.]

Textual Amendments

F162 Words in s. 74(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F163 Words in s. 74(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F164 Words in s. 74(3)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F165 S. 74(4)(5) substituted (3.4.2006) for s. 74(4) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 8(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

Family Procedure Rules and practice directions E+W

75 Family Procedure Rules E+W

(1) There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedingsF166 ...

F166 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee.

[F167 (3) Family proceedings” means—

(a) proceedings in the family court, and

(a) proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other.]

(4) The power to make Family Procedure Rules includes power to make different provision for [F168 different cases or] different areas, including different provision—

(a) for a specified court or description of courts, or

(b) for specified descriptions of proceedings or a specified jurisdiction.

(5) Any power to make F169 . . . Family Procedure Rules is to be exercised with a view to securing that—

(a) the family justice system is accessible, fair and efficient, and

(b) the rules are both simple and simply expressed.

Textual Amendments

F166 Words in s. 75(1) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F167 S. 75(3) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F168 Words in s. 75(4) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 91(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F169 Words in s. 75(5) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 338, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(aa), 30(b)

Commencement Information

I7 S. 75 partly in force; s. 75 not in force at Royal Assent see s. 110(1)(2); s. 75 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(a) (with arts. 2(1), 3)

I8 S. 75 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(a)

76 Further provision about scope of Family Procedure Rules E+W

(1) Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made F170 . . . under section 127 of the 1981 Act.

(2) Family Procedure Rules may —

(a) modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), F171 ...

F172 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F173 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F174 (2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.]

(3) Family Procedure Rules may modify the rules of evidence as they apply to family proceedingsF175 ....

(4) Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—

(a) courts which are outside the scope of Family Procedure Rules, or

(b) proceedings other than family proceedings.

(5) Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.

(6) In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.

(7) Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—

(a) to any extent,

(b) with or without modification, and

(c) as amended from time to time.

(8) Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

Textual Amendments

F170 Words in s. 76 omitted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), s. 12, Sch. 1 para. 29; S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F171 Word in s. 76(2)(a) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 34(a); S.I. 2020/24, reg. 3(b)

F172 S. 76(2)(aa) omitted (6.4.2020) by virtue of Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 34(b); S.I. 2020/24, reg. 3(b)

F173 S. 76(2)(b) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 92(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F174 S. 76(2A) inserted (12.4.2005) by Children Act 2004 (c. 31), s. 62(7); S.I. 2005/847, art. 2

F175 Words in s. 76(3) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 92(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Commencement Information

I9 S. 76 partly in force; s. 76 not in force at Royal Assent see s. 110(1)(2); s. 76 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(b) (with arts. 2(1), 3)

I10 S. 76 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(b)

77 Family Procedure Rule Committee E+W

(1) The Family Procedure Rule Committee is to consist of—

(a) the President of the Family Division, and

[F176 (b) the persons currently appointed in accordance with subsections (1A) and (1B).]

[F177 (1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (f) of subsection (2).

(1B) The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).]

(2) [F178 The persons to be appointed in accordance with subsections (1A) and (1B) are]—

(a) two judges of the [F179 Senior Courts], at least one of whom must be a puisne judge attached to the Family Division,

(b) one Circuit judge,

[F180 (ba) one judge of the family court who sits exclusively or primarily in Wales,]

[F181 (c) one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,]

(d) one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),

(e) one District Judge (Magistrates' Courts),

(f) one lay justice,

[F182 (g) one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),]

(h) one person who has—

(i) a [F179 Senior Courts] qualification, and

(ii) particular experience of family practice in the High Court,

F183 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) one person who has—

(i) a [F179 Senior Courts] qualification, and

(ii) particular experience of family practice in [F184 the family court],

(k) one person who—

(i) has been [F185 authorised by a relevant approved regulator] to conduct litigation in relation to all proceedings in the [F179 Senior Courts], and

(ii) has particular experience of family practice in the High Court,

F186 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) one person who—

(i) has been so [F187 authorised], and

(ii) has particular experience of family practice in [F188 the family court],

(n) one person nominated by CAFCASS, F189 ...

[F190 (na) one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and]

(o) one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.

(3) Before appointing a person [F191 in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and] the President of the Family Division.

(4) F192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Before appointing a person [F193 in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult] any body which—

(a) has members eligible for appointment under the provision in question, and

[F194 (b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).]

[F195 (5A) A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.]

(6) The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

[F196 (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

[F197 (8) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.]

Textual Amendments

F176 S. 77(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F177 S. 77(1A)(1B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F178 Words in s. 77(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F179 Words in s. 77 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F180 S. 77(2)(ba) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(a)

F181 S. 77(2)(c) substituted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(b)

F182 S. 77(2)(g) substituted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(2); S.I. 2020/24, reg. 3(b)

F183 S. 77(2)(i) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F184 Words in s. 77(2)(j) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F185 Words in s. 77(2)(k) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F186 S. 77(2)(l) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(2); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F187 Words in s. 77(2)(l)(m) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(2)(b)(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F188 Words in s. 77(2)(m) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 93(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F189 Word in s. 77(2)(n) omitted (27.3.2017) by virtue of The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(c)

F190 S. 77(2)(na) inserted (27.3.2017) by The Courts Act 2003 (Amendment) Order 2017 (S.I. 2017/198), arts. 1, 2(d)

F191 S. 77(3) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F192 S. 77(4) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15, 146, Sch. 4 para. 339(6), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(aa), 30(b)

F193 Words in s. 77(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(7); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F194 S. 77(5)(b) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(3) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

F195 S. 77(5A) inserted (6.4.2020) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 35(3); S.I. 2020/24, reg. 3(b)

F196 S. 77(7) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 339(8); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F197 S. 77(8) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 144(4) (with ss. 19, 192, 193); S.I. 2009/3250, art. 2(h) (with art. 9)

78 Power to change certain requirements relating to Committee E+W

(1) The Lord Chancellor may by order—

(a) amend section 77(2) (persons to be appointed to Committee by Lord Chancellor [F198 or Lord Chief Justice]), and

(b) make consequential amendments in any other provision of section 77.

[F199 (1A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.]

(2) Before making an order under this section the Lord Chancellor must consult the President of the Family Division.

[F200 (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F198 Words in s. 78(1)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 340(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F199 S. 78(1A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 340(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F200 Words in s. 78(3) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 340(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

79 Process for making Family Procedure Rules E+W

(1) The Family Procedure Rule Committee must, before making Family Procedure Rules—

(a) consult such persons as they consider appropriate, and

(b) meet (unless it is inexpedient to do so).

(2) Rules made by the Family Procedure Rule Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

[F201 (3) The Lord Chancellor may allow or disallow rules so made.

(4) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.]

(5) Rules so made, [F202 and allowed] by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6) F203 . . . a statutory instrument containing Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) F204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201 S. 79(3)(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 341(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F202 Words in s. 79(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 341(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F203 Words in s. 79(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

F204 S. 79(7) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

Commencement Information

I11 S. 79 partly in force; s. 79 not in force at Royal Assent see s. 110(1)(2); s. 79 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(c) (with arts. 2(1), 3)

I12 S. 79 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(c)

[F205 79A Rules to be made if required by Lord Chancellor E+W

(1) This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family Procedure Rules to include provision that would achieve a purpose specified in the notice.

(2) The Committee must make such rules as it considers necessary to achieve the specified purpose.

(3) Those rules must be—

(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;

(b) made in accordance with section 79.]

Textual Amendments

F205 S. 79A inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 342; S.I. 2006/1014, art. 2(a), Sch. 4 para. 11(aa)

80 Power to amend legislation in connection with the rules E+W

F206 1 The Lord Chancellor may [F207 , after consulting the Lord Chief Justice,] by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—

(a) in order to facilitate the making of Family Procedure Rules, or

(b) in consequence of section 75, 76 or 79 or Family Procedure Rules.

[F208 (2) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

Textual Amendments

F206 S. 80 renumbered as s. 80(1) (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 343(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F207 Words in s. 80(1)(a) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 343(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F208 S. 80(2) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 343(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

Commencement Information

I13 S. 80 partly in force; s. 80 not in force at Royal Assent see s. 110(1)(2); s. 80 in force for certain purposes at 7.10.2005 by S.I. 2005/2744, art. 2(2)(d) (with arts. 2(1), 3)

I14 S. 80 in force at 12.12.2010 in so far as not already in force by S.I. 2010/2921, art. 2(d)

81 Practice directions relating to family proceedings E+W

(1) [F209 Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005] as to the practice and procedure of—

[F210 (za) the civil division of the Court of Appeal [F211 in proceedings on appeal from the Family Division of the High Court or from the family court],

[F212 (zb) the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

(aa) the family court.]

(2) Directions as to the practice and procedure [F213 mentioned in subsection (1) which are] [F214 given otherwise than under subsection (1) may not be given without the approval of—

(a) the Lord Chancellor, and

(b) the Lord Chief Justice.]

[F215 (2A) Directions as to the practice and procedure [F216 mentioned in subsection (1)] (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.]

(3) The power to give directions under subsection (1) includes power—

(a) to vary or revoke directions as to the practice and procedure [F217 mentioned in subsection (1),] whether given [F218 under subsection (1) or otherwise],

(b) to give directions containing different provision for different cases (including different areas), and

(c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.

[F219 (4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—

(a) the application or interpretation of the law;

(b) the making of judicial decisions.

(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—

(a) after consulting the Lord Chancellor, and

(b) with the approval of the Lord Chief Justice.]

[F220 (5) In this section—

• “Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;]

• F221 ...]

Textual Amendments

F209 Words in s. 81(1) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F210 S. 81(1)(za)(zb) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F211 Words in s. 81(1)(za) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(a); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F212 S. 81(1)(zb)(aa) substituted for words in s. 81(1) (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(2)(b); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F213 Words in s. 81(2) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(3); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F214 Words in s. 81(2) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F215 S. 81(2A) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F216 Words in s. 81(2A) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(4); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F217 Words in s. 81(3)(a) substituted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(5); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F218 Words in s. 81(3)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(4); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F219 S. 81(4)(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 13, Sch. 2 para. 9(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F220 S. 81(5) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 344(5); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)

F221 Words in s. 81(5) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 94(6); S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Civil Procedure Rules E+W

Prospective

82 Civil Procedure Rules E+W

(1) For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules) substitute—

“(3) Any power to make or alter Civil Procedure Rules is to be exercised with a view to securing that—

(a) the system of civil justice is accessible, fair and efficient, and

(b) the rules are both simple and simply expressed.”

(2) “The 1997 Act” means the Civil Procedure Act 1997 (c. 12).

83 Civil Procedure Rule Committee E+W

(1) For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the Committee) substitute—

“(aa) the Head of Civil Justice,

(ab) the Deputy Head of Civil Justice (if there is one),

(a) the Master of the Rolls (unless he holds an office mentioned in paragraph (aa) or (ab)), and”.

(2) For section 2(2)(a) of the 1997 Act (one judge of the [F222 Senior Courts] to be appointed to Committee) substitute—

“(a) either two or three judges of the Supreme Court,”.

(3) For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with experience etc. of lay advice sector and consumer affairs) substitute “and

(g) two persons with experience in and knowledge of the lay advice sector or consumer affairs.”

Textual Amendments

F222 Words in s. 83 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

84 Power to change certain requirements relating to Committee E+W

After section 2 of the 1997 Act insert—

“2A Power to change certain requirements relating to Committee

(1) The Lord Chancellor may by order—

(a) amend section 2(2) (persons to be appointed to Committee by Lord Chancellor), and

(b) make consequential amendments in any other provision of section 2.

(2) Before making an order under this section the Lord Chancellor must consult—

(a) the Head of Civil Justice,

(b) the Deputy Head of Civil Justice (if there is one), and

(c) the Master of the Rolls (unless he holds an office mentioned in paragraph (a) or (b)).

(3) The power to make an order under this section is exercisable by statutory instrument.

(4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.”

Prospective

85 Process for making Civil Procedure Rules E+W

(1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure Rules).

(2) For section 3 of the 1997 Act (section 2: supplementary) substitute—

“3 Process for making Civil Procedure Rules

(1) The Civil Procedure Rule Committee must, before making Civil Procedure Rules—

(a) consult such persons as they consider appropriate, and

(b) meet (unless it is inexpedient to do so).

(2) Rules made by the Civil Procedure Rule Committee must be—

(a) signed by a majority of the members of the Committee, and

(b) submitted to the Lord Chancellor.

(3) The Lord Chancellor may allow, disallow or alter rules so made.

(4) Before altering rules so made the Lord Chancellor must consult the Committee.

(5) Rules so made, as allowed or altered by the Lord Chancellor—

(a) come into force on such day as the Lord Chancellor directs, and

(b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.

(6) Subject to subsection (7), a statutory instrument containing Civil Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a).”

[F223 PART 7ZA E+W Transmission and recording of court and tribunal proceedings

Textual Amendments

F223 Pt. 7ZA inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(1), 208(4)(aa)

Remote observation and recording E+W

85A Remote observation and recording of proceedings by direction of a court or tribunal E+W

(1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).

(2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.

(3) A direction under subsection (2) may authorise only the following types of transmission—

(a) transmission to designated live-streaming premises, or

(b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).

(4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).

(5) A direction under subsection (2) may include further provision about—

(a) the manner of transmission, or

(b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).

(6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.

(7) A direction under subsection (2) or (6)—

(a) may relate to the whole, or to part, of the proceedings concerned, and

(b) may be varied or revoked.

(8) The Lord Chancellor may by regulations—

(a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made;

(b) specify matters of which the court must be satisfied before deciding to make such a direction;

(c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;

(d) require directions under subsection (2) to include certain provision under subsection (5).

(9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—

(a) the Lord Chief Justice of England and Wales,

(b) the Senior President of Tribunals, or

(c) both of them.

(10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9).

(11) Regulations under subsection (8) may make different provision for different purposes.

(12) This section does not apply to proceedings in the Supreme Court.

(13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

(a) an Act of the Scottish Parliament,

(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.]

[F224 Offence of recording or transmission E+W

Textual Amendments

F224 S. 85B and cross-heading inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 199, 208(4)(aa)

85B Offence of recording or transmission in relation to remote proceedings E+W

(1) It is an offence for a person to make, or attempt to make—

(a) an unauthorised recording, or

(b) an unauthorised transmission,

of an image or sound within subsection (2) or (3).

(2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made.

(3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.

(4) A person is remotely attending court proceedings at any time when the person—

(a) is not in the same place as any member of the court, and

(b) is taking part in, watching or listening to the proceedings by way of a transmission.

(5) For the purposes of this section a recording or transmission is “unauthorised” unless it is—

(a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or

(b) authorised (generally or specifically) by the Lord Chancellor.

(6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person—

(a) was not in designated live-streaming premises, and

(b) did not know that the image or sound concerned was of a sort within subsection (2) or (3).

(7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).

(8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Conduct that amounts to an offence under subsection (1) is also a contempt of court.

But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.

(10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.

(11) This section does not apply to proceedings in the Supreme Court.

(12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—

(a) an Act of the Scottish Parliament,

(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or

(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.

(13) In this section—

• “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);

• “court proceedings” means proceedings in any court;

• “recording” means a recording on any medium—

  (a)

  of a single image, a moving image or any sound, or

  (b)

  from which a single image, a moving image or any sound may be produced or reproduced;

• “transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).]

[F225 PART 7A E+W Civil proceedings: prohibition of cross-examination in person

Textual Amendments

F225 Pt. 7A inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 66, 90(6); S.I. 2022/840, regs. 1(2), 2(b) (with reg. 3)

85E Prohibition of cross-examination in person: introductory E+W

In this Part—

• “civil proceedings” means—

  (a)

  proceedings in the county court,

  (b)

  proceedings in the High Court, other than—

  (i)

  proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

  (ii)

  proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and

  (c)

  proceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b);

• “witness”, in relation to any proceedings, includes a party to the proceedings.

85F Prohibition of cross-examination in person: victims of offences E+W

(1) In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence.

(2) In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence.

(3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.

(4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place.

(5) In this section—

• “caution” means—

  (a)

  in the case of England and Wales—

  (i)

  a conditional caution given under section 22 of the Criminal Justice Act 2003,

  (ii)

  a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or

  (iii)

  any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted;

  (b)

  in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland;

  (c)

  in the case of Northern Ireland—

  (i)

  a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or

  (ii)

  any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;

• “conviction” means—

  (a)

  a conviction by or before a court in England and Wales, Scotland or Northern Ireland;

  (b)

  a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including—

  (i)

  in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and

  (ii)

  in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings;

  (c)

  a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged;

  and “convicted” is to be read accordingly;

• “service disciplinary proceedings” means—

  (a)

  any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);

  (b)

  any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);

  (c)

  any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;

• “service offence” means—

  (a)

  a service offence within the meaning of the Armed Forces Act 2006, or

  (b)

  an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

• “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.

(6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—

(a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) section 82 of the Sentencing Code;

(c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.

(7) For the purposes of this section “offence” includes an offence under a law that is no longer in force.

85G Prohibition of cross-examination in person: persons protected by injunctions etc E+W

(1) In civil proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.

(2) In civil proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.

(3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.

(4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.

(5) For the purposes of this section, a protective injunction is an “on-notice” protective injunction if—

(a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or

(b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.

85H Prohibition of cross-examination in person: evidence of domestic abuse E+W

(1) In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.

(2) In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.

(3) In this section—

• “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

• “specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.

(4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.

85I Direction for prohibition of cross-examination in person: other cases E+W

(1) In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—

(a) none of sections 85F to 85H operates to prevent the party from cross-examining the witness, and

(b) it appears to the court that—

(i) the quality condition or the significant distress condition is met, and

(ii) it would not be contrary to the interests of justice to give the direction.

(2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination—

(a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and

(b) would be likely to be improved if a direction were given under this section.

(3) The “significant distress condition” is met if—

(a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and

(b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.

(4) A direction under this section may be made by the court—

(a) on an application made by a party to the proceedings, or

(b) of its own motion.

(5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things—

(a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person;

(b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person;

(c) the nature of the questions likely to be asked, having regard to the issues in the proceedings;

(d) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the party in relation to the witness;

(e) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the witness in relation to the party;

(f) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;

(g) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;

(h) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness;

(i) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party;

(j) any relationship (of whatever nature) between the witness and the party.

(6) In subsection (5)(d) and (e) “specified offence” means an offence that is a specified offence for the purposes of section 85F.

(7) Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy.

(8) For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which—

(a) address the questions put to the witness, and

(b) can be understood, both individually and collectively.

85J Directions under section 85I: supplementary E+W

(1) A direction under section 85I has binding effect from the time it is made until the witness in relation to whom it applies is discharged.

(2) But the court may revoke a direction under section 85I before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either—

(a) on an application made by a party to the proceedings, or

(b) of its own motion.

(3) The court may revoke a direction under section 85I on an application made by a party to the proceedings only if there has been a material change of circumstances since—

(a) the direction was given, or

(b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined.

(4) The court must state its reasons for—

(a) giving a direction under section 85I;

(b) refusing an application for a direction under section 85I;

(c) revoking a direction under section 85I;

(d) refusing an application for the revocation of a direction under section 85I.

85K Alternatives to cross-examination in person E+W

(1) This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I.

(2) The court must consider whether (ignoring this section) there is a satisfactory alternative means—

(a) for the witness to be cross-examined in the proceedings, or

(b) of obtaining evidence that the witness might have given under cross-examination in the proceedings.

(3) If the court decides that there is not, the court must—

(a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and

(b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.

(4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—

(a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or

(b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.

(5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.

(6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.

(7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.

(8) For the purposes of this section—

(a) a reference to cross-examination includes a reference to continuing to conduct cross-examination;

(b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.

85L Costs of legal representatives appointed under section 85K(6) E+W

(1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of—

(a) fees or costs properly incurred by a qualified legal representative appointed under section 85K(6), and

(b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment.

(2) The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify.

(3) The regulations may provide for sums payable under subsection (1)—

(a) to be such amounts as are specified in the regulations;

(b) to be calculated in accordance with—

(i) a rate or scale specified in the regulations, or

(ii) other provision made by or under the regulations.

85M Guidance for legal representatives appointed under section 85K(6) E+W

(1) The Lord Chancellor may issue guidance in connection with the role which a qualified legal representative appointed under section 85K(6) in connection with any civil proceedings is to play in the proceedings, including (among other things) guidance about the effect of section 85K(7).

(2) A qualified legal representative appointed under section 85K(6) must have regard to any guidance issued under this section.

(3) The Lord Chancellor may from time to time revise any guidance issued under this section.

(4) The Lord Chancellor must publish—

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

85N Regulations under Part 7A E+W

Regulations under this Part may make different provision for different purposes.]

Part 8 E+W Miscellaneous

Provisions relating to criminal procedure and appeals E+W

86 Alteration of place fixed for Crown Court trial E+W

An application under section 76(3) of the 1981 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court by a judge of the High Court; and accordingly section 76(4) of the 1981 Act ceases to have effect.

[F226 86A Requirement to give information in criminal proceedings E+W

(1) A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court.

(2) Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed).

(3) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information.

(4) Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.

(5) A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—

(a) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or

(b) a fine.

(6) The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court.

(7) In this section a “criminal court” is, when dealing with any criminal cause or matter—

(a) the Crown Court;

(b) a magistrates' court.]

Textual Amendments

F226 S. 86A inserted (31.1.2017 for specified purposes, 13.11.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 162, 183(1)(5)(e); S.I. 2017/1017, reg. 2

87 Appeals to Court of Appeal: procedural directions E+W

(1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that Act exercisable by single judge), in subsection (2), after paragraph (h) insert—

“(i) to make orders under section 23(1)(a).”

(2) In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—

“(d) to make orders under section 23(1)(a).”, and at the end of paragraph (b), omit “and”.

(3) After section 31A of the 1968 Act insert—

“31B Procedural directions: powers of single judge and registrar

(1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—

(a) a single judge, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

to which this section applies.

(3) A single judge may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

(5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—

(a) this Part,

(b) section 9 of the Criminal Justice Act 1987, or

(c) section 35 of the Criminal Procedure and Investigations Act 1996.

31C Appeals against procedural directions

(1) Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.

(2) The Court of Appeal may, on an application to it under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the single judge, and

(b) give such procedural directions as it thinks fit.

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A single judge may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) a respondent, if the directions—

(i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or

(iii) relate to an appeal.

(6) In this section—

• “appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);

• “respondent” includes a person who will be a respondent if leave to appeal is granted.”

(4) Sections 31B to 31C of the 1968 Act apply to—

(a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and

(b) appeals in relation to which—

(i) a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or

(ii) leave to appeal,

is granted on or after that date.

(5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

88 Extension of time for criminal appeals to [F227 Supreme Court] E+W

(1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to [F228 Supreme Court]) as follows.

(2) In subsection (1)—

(a) for “fourteen” (in both places) substitute “ 28 ”, and

(b) for “date of the decision of that court” substitute “ relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1), “the relevant date” means—

(a) the date of the decision of the court below, or

(b) if later, the date on which that court gives reasons for its decision.”

(4) Amend section 34 of the 1968 Act (applications for leave to appeal to the [F229 Supreme Court]) as follows.

(5) In subsection (1)—

(a) for “fourteen” (in both places) substitute “ 28 ”, and

(b) for “date of the decision of the [F230 Court of Appeal]” substitute “ relevant date ”.

(6) After subsection (1) insert—

“(1A) In subsection (1), “the relevant date” means—

(a) the date of the Court of Appeal’s decision, or

(b) if later, the date on which the [F231 Court of Appeal] gives reasons for its decision.”

Textual Amendments

F227 S. 88: words in sidenote substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(2)(a); S.I. 2009/1604, art. 2

F228 Words in s. 88(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(2)(a); S.I. 2009/1604, art. 2

F229 Words in s. 88(4) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(2)(a); S.I. 2009/1604, art. 2

F230 Words in s. 88(5)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(2)(b); S.I. 2009/1604, art. 2

F231 Words in s. 88(6)(c) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(2)(c); S.I. 2009/1604, art. 2

89 Retirement age of Registrar of Criminal Appeals E+W

(1) In section 92 of the 1981 Act (tenure of offices in [F232 Senior Courts])—

(a) in subsection (2) (offices with retirement age of 70, but with possibility of extensions to not beyond 75), omit “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals”,

(b) omit subsections (2D) and (2E) (retirement age of 62 for that office), and

(c) in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to be held during good behaviour), for “to which subsection (1), (2A) or (2D) applies” substitute “ listed in column 1 of Part 1 or 2 of Schedule 2 ”.

(2) In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), after the entry relating to a Deputy or temporary Master, Queen’s Bench Division, insert— “Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals ”.

Textual Amendments

F232 Words in s. 89(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

90 Appeals to Courts-Martial Appeal Court: procedural directions U.K.

(1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the Appeal Court under Part 2 of that Act exercisable by single judge), in subsection (1), after paragraph (g) insert—

“(h) to make orders under section 28(1)(a).”, and at the end of paragraph (f), omit “and”.

(2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert “and—

(c) to make orders under section 28(1)(a).”, and at the end of paragraph (a), omit “and”.

(3) After section 36A of that Act insert—

“36B Procedural directions: powers of single judge and registrar

(1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—

(a) a judge of the Appeal Court, or

(b) the registrar.

(2) “Procedural directions” means directions for the efficient and effective preparation of—

(a) an application for leave to appeal, or

(b) an appeal,

under this Part.

(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) on a reference from the registrar;

(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.

(4) The registrar may give such procedural directions as he thinks fit—

(a) when acting under subsection (1);

(b) of his own motion.

36C Appeals against procedural directions

(1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.

(2) The Appeal Court may, on an application to it under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the judge, and

(b) give such procedural directions as it thinks fit.

(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.

(4) A judge of the Appeal Court may, on an application to him under subsection (5)—

(a) confirm, set aside or vary any procedural directions given by the registrar, and

(b) give such procedural directions as he thinks fit.

(5) An application under this subsection may be made by—

(a) an appellant;

(b) the Defence Council, if the directions—

(i) relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them,

(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or

(iii) relate to an appeal.”

(4) Sections 36B to 36C of that Act apply to—

(a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and

(b) appeals in relation to which leave to appeal is granted on or after that date.

91 Extension of time for appeals from Courts-Martial Appeal Court U.K.

(1) Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to [F233 Supreme Court]) as follows.

(2) In subsection (1)—

(a) for “fourteen” (in both places) substitute “ 28 ”, and

(b) for “date of the decision of the [F234 Appeal Court]” substitute “ relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1), “the relevant date” means—

(a) the date of the Appeal Court’s decision, or

(b) if later, the date on which the [F235 Appeal Court] gives reasons for its decision.”

Textual Amendments

F233 Words in s. 91(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(3)(a) S.I. 2009/1604, art. 2

F234 Words in s. 91(2)(b) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(3)(b); S.I. 2009/1604, art. 2

F235 Words in s. 91(3) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148(1), Sch. 9 para. 80(3)(c); S.I. 2009/1604, art. 2

Fees and costs E+W

92 Fees E+W

(1) The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—

(a) the [F236 Senior Courts],

[F237 (aa) the family court,]

(b) [F238 the county court], and

(c) magistrates' courts.

(2) An order under this section may, in particular, contain provision as to—

(a) scales or rates of fees;

(b) exemptions from or reductions in fees;

(c) remission of fees in whole or in part.

(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.

(4) The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.

(5) Before making an order under this section, the Lord Chancellor must consult—

(a) the Lord Chief Justice;

(b) the Master of the Rolls;

[F239 (ba) the President of the Queen's Bench Division;

(c) the President of the Family Division;

(d) the Chancellor of the High Court;]

(e) the Head of Civil Justice;

(f) the Deputy Head of Civil Justice (if there is one).

(6) Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.

(7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.

(8) Fees payable under this section are recoverable summarily as a civil debt.

(9) Subsection (10) applies in relation to an authority which has power to prescribe fees payable in any of the courts referred to in subsection (1).

(10) Nothing in this section prevents the authority from applying to any extent provisions contained in an order made under this section; and an instrument made in exercise of the power is to be read (unless the contrary intention appears) as applying those provisions as amended from time to time.

Textual Amendments

F236 Words in s. 92 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F237 S. 92(1)(aa) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 95; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F238 Words in s. 92(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F239 S. 92(5)(ba)-(d) substituted (1.10.2005) for s. 92(5)(c)(d) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 345; S.I. 2005/2505, art. 2(c)

93 Award of costs against third parties E+W

After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—

“19B Provision for award of costs against third parties

(1) The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal to make a third party costs order if the condition in subsection (3) is satisfied.

(2) A “third party costs order” is an order as to the payment of costs incurred by a party to criminal proceedings by a person who is not a party to those proceedings (“the third party”).

(3) The condition is that—

(a) there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and

(b) the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him.

(4) Regulations made under this section may, in particular—

(a) specify types of misconduct in respect of which a third party costs order may not be made;

(b) allow the making of a third party costs order at any time;

(c) make provision for any other order as to costs which has been made in respect of the proceedings to be varied on, or taken account of in, the making of a third party costs order;

(d) make provision for account to be taken of any third party costs order in the making of any other order as to costs in respect of the proceedings.

(5) Regulations made under this section in relation to magistrates' courts must provide that the third party may appeal to the Crown Court against a third party costs order made by a magistrates' court.

(6) Regulations made under this section in relation to the Crown Court must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.”

94 Award of costs in appeals under Proceeds of Crime Act 2002 E+W

(1) Amend the Proceeds of Crime Act 2002 (c. 29) as follows.

(2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—

“(4) Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—

(a) section 43(1) or (2) (appeals against orders made in restraint proceedings), or

(b) section 65 (appeals against, or relating to, the making of receivership orders),

are in the discretion of the court.

(5) Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.

(6) The court shall have full power to determine by whom and to what extent the costs are to be paid.

(7) In any proceedings mentioned in subsection (4), the court may—

(a) disallow, or

(b) (as the case may be) order the legal or other representative concerned to meet,

the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.

(8) In subsection (7) “wasted costs” means any costs incurred by a party—

(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or

(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.

(9) “Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf.”

(3) Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.

(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “ or (as the case may be) Criminal Appeal Rules ”.

Fines E+W

95 Fixing of fines: failure to furnish statement of financial circumstances E+W

(1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.

(2) After subsection (1) insert—

“(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

(3) In subsection (2)(b), after “may impose” insert “ and how it should be paid ”.

(4) In section 128(5) of the 2000 Act (fixing of fines: power of court to make determination of financial circumstances where offender has failed to co-operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—

“(zi) has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statements as to financial circumstances),”.

(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

96 Recovery of fines etc. by deductions from income support: failure to provide information E+W

(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.

(2) In subsection (2), after paragraph (a) insert—

“(aa) provision that the court may require the offender to provide prescribed information in connection with an application;”.

(3) After subsection (2) insert—

“(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.

(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—

(a) makes a statement which he knows to be false in a material particular,

(b) recklessly provides a statement which is false in a material particular, or

(c) knowingly fails to disclose any material fact.

(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.”

97 Collection of fines and discharge of fines by unpaid work E+W

(1) Schedule 5 contains provisions about the collection of fines.

(2) Schedule 6 contains provisions about the discharge of fines by means of unpaid work.

(3) Subsections (4) to (9) apply in relation to each of those Schedules.

(4) The Schedule is to have effect only in accordance with—

(a) subsections (5) and (6) (pilot schemes), or

(b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).

(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.

(6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.

(7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—

(a) in all local justice areas, and

(b) indefinitely.

(8) “The relevant period” means—

(a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;

(b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.

(9) An order under subsection (7) may make such amendments of—

(a) the Schedule, and

(b) any other enactments,

as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).

Commencement Information

I15 S. 97 wholly in force; s. 97 not in force at Royal Assent see s. 110(1)(2); s. 97 in force for certain purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); s. 97 in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); s. 97 in force for certain further purposes at 5.4.2004 by S.I. 2004/174, art. 4(c); s. 97 in force for certain further purposes at 1.5.2004 by S.I. 2004/1104, art. 3(c); s. 97 in force at 21.9.2004 insofar as not already in force by S.I. 2004/2195, art. 2

Register of judgments etc. and execution of writs E+W

98 Register of judgments and orders etc. E+W

(1) A register is to be kept, in accordance with regulations, of—

(a) judgments entered in the High Court;

(b) judgments entered in [F240 the county court];

(c) administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county [F241 court] to make administration orders);

(d) orders restricting enforcement made under section 112A of that Act (power of county [F241 court] to restrict enforcement of debts in lieu of administration order);

(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.

[F242 (f) a decision or award of—

(i) the First-tier Tribunal,

(ii) the Upper Tribunal,

(iii) an employment tribunal, or

(iv) the Employment Appeal Tribunal,

in pursuance of which any sum is payable.]

(2) “Regulations” means regulations made by the Lord Chancellor for the purposes of this section.

(3) The regulations may—

(a) provide for prescribed classes of judgments, orders[F243 , decisions, awards] or adjudged sums to be exempt from registration;

(b) prescribe circumstances in which judgments, orders[F243 , decisions, awards] or adjudged sums (or classes of them) are to be exempt from registration;

(c) prescribe circumstances in which an entry in the register is to be cancelled;

(d) in the case of sums adjudged to be paid by conviction of a magistrates' court [F244 or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f)], provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.

(4) The Lord Chancellor may fix charges to be made for—

(a) making information in an entry in the register available for inspection;

(b) carrying out an official search of the register;

(c) supplying a certified copy of information in an entry in the register.

(5) The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.

(6) If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.

(7) If, under subsection (6), the register is kept by a body corporate—

(a) the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,

(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and

(c) subsection (5) does not apply.

(8) If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.

Textual Amendments

F240 Words in s. 98(1)(b) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(a); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F241 Word in s. 98(1)(c)(d) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 40(c); S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F242 S. 98(1)(f) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(2); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)

F243 Words in s. 98(3)(a)(b) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(3)(a); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)

F244 Words in s. 98(3)(d) inserted (1.4.2009) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 48(1), 148(5), Sch. 8 para. 55(3)(b); S.I. 2008/2696, art. 6(b)(ii) (with art. 3)

Modifications etc. (not altering text)

C13 S. 98 modified by 2006 c. 13, s. 18(1D) (as substituted (28.7.2014) by Immigration Act 2014 (c. 22), ss. 45, 75(3); S.I. 2014/1820, art. 3(q) (with art. 6))

C14 S. 98 modified (1.12.2014 for specified purposes, 1.2.2016 for E. in so far as not already in force) by Immigration Act 2014 (c. 22), ss. 31(5)(a), 75(3) (with ss. 35, 36); S.I. 2014/2771, art. 6(1)(l); S.I. 2016/11, art. 2(l)

C15 S. 98 modified (temp. until 31.3.2022) (31.3.2015) by The Passenger, Crew and Service Information (Civil Penalties) Regulations 2015 (S.I. 2015/961), regs. 1(2), 8(5)(a)

C16 S. 98 modified (temp. until 6.4.2028) (31.3.2015) by The Authority to Carry Scheme (Civil Penalties) Regulations 2015 (S.I. 2015/957), regs. 1(2), 7(5)(a) (as amended (6.4.2021) by The Authority to Carry Scheme and Civil Penalties Regulations 2021 (S.I. 2021/323), regs. 1(2), 3(2) (with reg. 4(2)))

C17 S. 98 applied (temp. until 15.4.2022) (15.4.2015) by The Aviation Security Act 1982 (Civil Penalties) Regulations 2015 (S.I. 2015/930), reg. 1(2)(3), 8(5)(a)

C18 S. 98 modified (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 5(10)(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

C19 S. 98 applied (10.5.2018) by The Network and Information Systems Regulations 2018 (S.I. 2018/506), regs. 1(1), 20(5)(a) (with reg. 1(5)(6))

C20 S. 98 modified (20.5.2018) by The Motorcycles (Type-Approval) Regulations 2018 (S.I. 2018/235), reg. 1(b), Sch. 1 para. 8(5)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)

C21 S. 98 modified (20.5.2018) by The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018 (S.I. 2018/236), reg. 1(b), Sch. 1 para. 8(5)(a) (with reg. 1(c), Sch. 1 paras. 16, 17)

C22 S. 98 modified (17.11.2021) by 2003 c. 21, s. 105Z21(5)(a) (as inserted by Telecommunications (Security) Act 2021 (c. 31), ss. 20, 28(1)(c))

C23 S. 98 modified (4.1.2022) by National Security and Investment Act 2021 (c. 25), ss. 44(7)(a), 66(3); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

C24 S. 98 modified (4.1.2022) by National Security and Investment Act 2021 (c. 25), ss. 47(7)(a), 66(3); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

C25 S. 98 modified (30.6.2022) by The Electric Vehicles (Smart Charge Points) Regulations 2021 (S.I. 2021/1467), reg. 1(1), Sch. 2 para. 19(4) (with reg. 3)

C26 S. 98 modified (23.6.2023) by The Register of Overseas Entities (Penalties and Northern Ireland Dispositions) Regulations 2023 (S.I. 2023/696), regs. 1(1), 9(4)

C27 S. 98 modified (24.11.2023) by The Public Charge Point Regulations 2023 (S.I. 2023/1168), reg. 1(1), Sch. para. 18(5)

C28 S. 98 modified (1.1.2024) by The Car, Van and Heavy Duty Vehicle Carbon Dioxide Emissions Performance Standards (Civil Penalties and Miscellaneous Amendments) Regulations 2023 (S.I. 2023/1257), regs. 1(2)(a), 5(2)(a)

C29 S. 98 modified (3.1.2024) by The Vehicle Emissions Trading Schemes Order 2023 (S.I. 2023/1394), arts. 1(b), 94(6) (with art. 117)

C30 S. 98 modified (29.4.2024) by Product Security and Telecommunications Infrastructure Act 2022 (c. 46), ss. 40(4)(a), 79(2); S.I. 2023/469, reg. 3

C31 S. 98 modified (1.5.2024) by Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41), s. 63(4), Sch. 4 para. 5(5)(a) (with s. 61); S.I. 2024/584, reg. 2(j) (with regs. 3, 4)

C32 S. 98 modified (2.5.2024) by The Economic Crime and Corporate Transparency Act 2023 (Financial Penalty) Regulations 2024 (S.I. 2024/445), regs. 1(1), 9(4)

Commencement Information

I16 S. 98 partly in force at 6.4.2006; s. 98 not in force at Royal Assent see s. 110(1)(2); s. 98(1)(e)(2)(3)(c)(d)(4)-(8) in force at 26.1.2004 by S.I. 2003/3345, art. 2(c)(i); s. 98(1)(a)-(c)(3)(a)(b) in force at 6.4.2006 by S.I. 2005/3518, art. 3(a)

99 High Court writs of execution E+W

(1) Schedule 7 contains provisions about High Court writs of execution [F245 and about warrants issued in connection with the compulsory acquisition of land] .

(2) Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.

Textual Amendments

F245 Words in s. 99(1) inserted (1.4.2008) by Tribunals, Courts and Enforcement Act 2007 (c. 15), ss. 140(10)(a), 148; S.I. 2007/2709, art. 5(a)

Commencement Information

I17 S. 99 wholly in force at 15.3.2004; s. 99 not in force at Royal Assent see s. 110(1)(2); s. 99 in force at 15.3.2004 by S.I. 2004/401, art. 2(a) (with art. 3)

Damages E+W

100 Periodical payments U.K.

(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) substitute—

“2 Periodical payments

(1) A court awarding damages for future pecuniary loss in respect of personal injury—

(a) may order that the damages are wholly or partly to take the form of periodical payments, and

(b) shall consider whether to make that order.

(2) A court awarding other damages in respect of personal injury may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments.

(3) A court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure.

(4) For the purpose of subsection (3) the continuity of payment under an order is reasonably secure if—

(a) it is protected by a guarantee given under section 6 of or the Schedule to this Act,

(b) it is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or

(c) the source of payment is a government or health service body.

(5) An order for periodical payments may include provision—

(a) requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure by virtue of subsection (4);

(b) about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure by virtue of subsection (4);

(c) requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure by virtue of subsection (4);

(d) enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c).

(6) Where a person has a right to receive payments under an order for periodical payments, or where an arrangement is entered into in satisfaction of an order which gives a person a right to receive periodical payments, that person’s right under the order or arrangement may not be assigned or charged without the approval of the court which made the order; and—

(a) a court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary, and

(b) a purported assignment or charge, or agreement to assign or charge, is void unless approved by the court.

(7) Where an order is made for periodical payments, an alteration of the method by which the payments are made shall be treated as a breach of the order (whether or not the method was specified under subsection (5)(b)) unless—

(a) the court which made the order declares its satisfaction that the continuity of payment under the new method is reasonably secure,

(b) the new method is protected by a guarantee given under section 6 of or the Schedule to this Act,

(c) the new method is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or

(d) the source of payment under the new method is a government or health service body.

(8) An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to the retail prices index (within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988) at such times, and in such a manner, as may be determined by or in accordance with Civil Procedure Rules.

(9) But an order for periodical payments may include provision—

(a) disapplying subsection (8), or

(b) modifying the effect of subsection (8).

2A Periodical payments: supplementary

(1) Civil Procedure Rules may require a court to take specified matters into account in considering—

(a) whether to order periodical payments;

(b) the security of the continuity of payment;

(c) whether to approve an assignment or charge.

(2) For the purposes of section 2(4)(c) and (7)(d) “government or health service body” means a body designated as a government body or a health service body by order made by the Lord Chancellor.

(3) An order under subsection (2)—

(a) shall be made by statutory instrument, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Section 2(6) is without prejudice to a person’s power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000.

(5) In section 2 “damages” includes an interim payment which a court orders a defendant to make to a claimant.

(6) In the application of this section to Northern Ireland—

(a) a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and

(b) a reference to a claimant shall be taken as a reference to a plaintiff.

(7) Section 2 is without prejudice to any power exercisable apart from that section.

2B Variation of orders and settlements

(1) The Lord Chancellor may by order enable a court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 2(5)(d)).

(2) The Lord Chancellor may by order enable a court in specified circumstances to vary the terms on which a claim or action for damages for personal injury is settled by agreement between the parties if the agreement—

(a) provides for periodical payments, and

(b) expressly permits a party to apply to a court for variation in those circumstances.

(3) An order under this section may make provision—

(a) which operates wholly or partly by reference to a condition or other term of the court’s order or of the agreement;

(b) about the nature of an order which may be made by a court on a variation;

(c) about the matters to be taken into account on considering variation;

(d) of a kind that could be made by Civil Procedure Rules or, in relation to Northern Ireland, rules of court (and which may be expressed to be with or without prejudice to the power to make those rules).

(4) An order under this section may apply (with or without modification) or amend an enactment about provisional or further damages.

(5) An order under this section shall be subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation between High Court and county courts).

(6) An order under this section—

(a) shall be made by statutory instrument,

(b) may not be made unless the Lord Chancellor has consulted such persons as he thinks appropriate,

(c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and

(d) may include transitional, consequential or incidental provision.

(7) In subsection (4)—

• “provisional damages” means damages awarded by virtue of subsection (2)(a) of section 32A of the Supreme Court Act 1981 or section 51 of the County Courts Act 1984 (or, in relation to Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the Administration of Justice Act 1982), and

• “further damages” means damages awarded by virtue of subsection (2)(b) of either of those sections (or, in relation to Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the Administration of Justice Act 1982).”

(2) F246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) F246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section—

(a) subsection (1) shall extend only to England and Wales and Northern Ireland, and

(b) the remainder shall extend to the whole of the United Kingdom.

Textual Amendments

F246 S. 100(2)(3) repealed (6.4.2005 with effect as mentioned in s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 884, Sch. 3 (with Sch. 2)

101 Periodical payments: security E+W

(1) For sections 4 and 5 of the Damages Act 1996 (c. 48) (enhanced protection for structured settlement annuitant) substitute—

“4 Enhanced protection for periodical payments

(1) Subsection (2) applies where—

(a) a person has a right to receive periodical payments, and

(b) his right is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation), but only as to part of the payments.

(2) The protection provided by the scheme shall extend by virtue of this section to the whole of the payments.

(3) Subsection (4) applies where—

(a) one person (“the claimant”) has a right to receive periodical payments from another person (“the defendant”),

(b) a third person (“the insurer”) is required by or in pursuance of an arrangement entered into with the defendant (whether or not together with other persons and whether before or after the creation of the claimant’s right) to make payments in satisfaction of the claimant’s right or for the purpose of enabling it to be satisfied, and

(c) the claimant’s right to receive the payments would be wholly or partly protected by a scheme under section 213 of the Financial Services and Markets Act 2000 if it arose from an arrangement of the same kind as that mentioned in paragraph (b) but made between the claimant and the insurer.

(4) For the purposes of the scheme under section 213 of that Act—

(a) the claimant shall be treated as having a right to receive the payments from the insurer under an arrangement of the same kind as that mentioned in subsection (3)(b),

(b) the protection under the scheme in respect of those payments shall extend by virtue of this section to the whole of the payments, and

(c) no person other than the claimant shall be entitled to protection under the scheme in respect of the payments.

(5) In this section “periodical payments” means periodical payments made pursuant to—

(a) an order of a court in so far as it is made in reliance on section 2 above (including an order as varied), or

(b) an agreement in so far as it settles a claim or action for damages in respect of personal injury (including an agreement as varied).

(6) In subsection (5)(b) the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury includes a reference to an undertaking given by the Motor Insurers' Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929), or an Article 75 insurer under the Bureau’s Articles of Association, in relation to a claim or action in respect of personal injury.”

(2) In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 above except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.

(3) In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland Department for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 of this Act except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.

(4) Where an individual who has a right to receive periodical payments becomes bankrupt—

(a) the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to [F247 section 731 of the Income Tax (Trading and Other Income) Act 2005](c. 1)),

(b) neither the right to receive periodical payments, nor any property or arrangement designed to protect continuity of the periodical payments, shall form part of the bankrupt’s estate for the purposes of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

(c) an income payments order may not be made in respect of any part of the periodical payments identified (in the order or agreement under which the payments are made) as relating wholly to expenditure likely to be incurred by or for the individual as a result of the personal injury concerned,

(d) nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a court from making an income payments order (subject to paragraph (c)), and

(e) nothing in section 2 of that Act shall prevent entry into an income payments agreement.

(5) In subsection (4)—

• “bankrupt” has the meaning given by section 381 of the Insolvency Act 1986 or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

• “income payments agreement” means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland,

• “income payments order” means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and

• “periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by—

  (a)

  an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or

  (b)

  an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).

(6) In this section—

(a) subsections (1) to (3) shall extend to the whole of the United Kingdom, and

(b) subsections (4) and (5) shall extend only to England and Wales and Northern Ireland.

Textual Amendments

F247 Words in s. 101(4)(a) substituted (6.4.2005 with effect as mentioned in s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 882(1), Sch. 1 para. 627 (with Sch. 2)

Provisions relating to Northern Ireland E+W

102 Power to alter judicial titles: Northern Ireland U.K.

(1) The Lord Chancellor may by order—

(a) alter the name of any of the offices of the [F248 Court of Judicature] of Northern Ireland or of the county courts [F249 or magistrates' courts] in Northern Ireland which are listed in subsection (2);

(b) provide for or alter the way in which the holders of any of those offices are to be styled.

(2) The offices are—

• County court judge

• Deputy judge of the county court

• [F250 Deputy resident magistrate]

• District Judge

• Judge of the Court of Appeal

• Lord Chief Justice

• Master (Bankruptcy)

• Master (Care and Protection)

• Master (Chancery)

• Master (Enforcement of Judgments)

• Master (High Court)

• Master (Probate and Matrimonial)

• Master (Queen’s Bench and Appeals)

• Master (Taxing Office)

• Presiding judge for the county courts

• [F251 Presiding resident magistrate]

• Puisne judge of the High Court.

• [F252 Resident magistrate]

(3) The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 74(1) of the 1978 Act are to be styled.

(4) F253 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) or (3).

(6) The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.

[F254 (6A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

(6B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

(7) The power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(8) An order under this section is subject to [F255 negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954)].

(9) “The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23).

Textual Amendments

F248 Words in s. 102(1)(a) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

F249 Words in s. 102(1)(a) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 47(2), 53(4); S.I. 2007/2045, art. 2(2)(3)(o) (with art. 3)

F250 Words in s. 102(2) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 47(3)(a), 53(4); S.I. 2007/2045, art. 2(2)(3)(o) (with art. 3)

F251 Words in s. 102(2) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 47(3)(b), 53(4); S.I. 2007/2045, art. 2(2)(3)(o) (with art. 3)

F252 Words in s. 102(2) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 47(3)(c), 53(4); S.I. 2007/2045, art. 2(2)(3)(o) (with art. 3)

F253 S. 102(4) omitted (3.4.2006) by virtue of Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 346(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)

F254 S. 102(6A)(6B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 346(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)

F255 Words in s. 102(8) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 69(2) (with arts. 28-31)

Modifications etc. (not altering text)

C33 S. 102 transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 19(a) (with arts. 28-31)

103 Official Solicitor of Northern Ireland U.K.

(1) In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official Solicitor ceases to have effect.

(2) Amend section 75 of the 1978 Act (Official Solicitor) as follows.

(3) For subsection (1) substitute—

“(1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is—

(a) a solicitor of the Supreme Court of at least 7 years' standing, or

(b) a member of the Bar of Northern Ireland of at least 7 years' standing.”

(4) After subsection (5) insert—

“(6) The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation).

(7) The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury.

(8) Service as the Official Solicitor is employment in the civil service of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme).

(9) While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor—

(a) may be appointed only if qualified for appointment as Official Solicitor,

(b) shall have all the powers and duties of the Official Solicitor, and

(c) may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.”

(5) In section 68 of the 1978 Act ([F256 Senior Courts]: departments)—

(a) in subsection (2)(b) for “statutory officer” substitute “ officer ”, and

(b) for subsection (4) substitute—

“(4) The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chancellor.”

(6) In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the words “Subject to subsection (2),”) cease to have effect.

(7) In section 76 of the 1978 Act (property) paragraph (c) (which referred to the Official Solicitor and which ceased to have effect by virtue of the Supreme Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ 300)) shall again have effect.

(8) Nothing in this section has any effect in relation to the person who on the commencement of this section holds the office in Northern Ireland of Official Solicitor to the [F257 Court of Judicature].

Textual Amendments

F256 Words in s. 103(5) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2(d)

F257 Words in s. 103(8) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 6; S.I. 2009/1604, art. 2(d)

104 Alteration of place fixed for Crown Court trial: Northern Ireland E+W

An application under section 48(3) of the 1978 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court; and accordingly section 48(4) of the 1978 Act ceases to have effect.

105 Extension of time for criminal appeals to House of Lords: Northern Ireland E+W

(1) Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to appeal to House of Lords in certain criminal matters) as follows.

(2) In sub-paragraph (1)—

(a) for “fourteen” (in both places) substitute “ 28 ”, and

(b) for “date of the decision of that court” substitute “ relevant date ”.

(3) After sub-paragraph (1) insert—

“(1A) In sub-paragraph (1), “the relevant date” means—

(a) the date of the decision of the court below, or

(b) if later, the date on which that court gives reasons for its decision.”

(4) Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (applications for leave to appeal to the House of Lords) as follows.

(5) In subsection (1)—

(a) for “fourteen” (in both places) substitute “ 28 ”, and

(b) for “date of the decision of the Court” substitute “ relevant date ”.

(6) After subsection (1) insert—

“(1A) In subsection (1), “the relevant date” means—

(a) the date of the Court of Appeal’s decision, or

(b) if later, the date on which the Court gives reasons for its decision.”

106 Fees: Northern Ireland E+W

In section 116 of the 1978 Act (fees) after subsection (1) insert—

“(1A) Without prejudice to the generality of subsection (1), an order under that subsection may make provision for exemptions from fees and remission of fees (in whole or in part).”

Part 9 E+W Final provisions

107 Interpretation E+W

(1) In this Act—

• “the 1933 Act” means the Children and Young Persons Act 1933 (c. 12);

• “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19);

• “the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23);

• “the 1980 Act” means the Magistrates' Courts Act 1980 (c. 43);

• “the 1981 Act” means the [F258 Senior Courts Act 1981](c. 54);

• “the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41);

• “the 1997 Act” means the Civil Procedure Act 1997 (c. 12).

(2) In this Act the following have the meaning given by section 71 of the 1990 Act—

• “5 year magistrates' court qualification”;

• “7 year general qualification”;

• “ [F259 Senior Courts] qualification”.

(3) In this Act “criminal court” has the meaning given by section 68.

(4) In this Act “judge”, except where the context otherwise requires, means a person holding an office listed in subsection (2) of section 64 (power to alter judicial titles).

(5) In this Act “lay justice” has the meaning given by section 9.

F260 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this Act “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

(8) In this Act “enactment” includes subordinate legislation and, except where otherwise provided, any reference to an enactment is to an enactment whenever passed or made; and “subordinate legislation” here has the same meaning as in the Interpretation Act 1978 (c. 30).

(9) In sections 102(6) and 109(5)(b) “enactment” also includes Northern Ireland legislation (whenever passed or made); and “Northern Ireland legislation” here has the same meaning as in the Interpretation Act 1978.

Textual Amendments

F258 Words in s. 107(1) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

F259 Words in s. 107(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 4; S.I. 2009/1604, art. 2

F260 S. 107(6) repealed (18.9.2012) by The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates Courts Rule Committee) Order 2012 (S.I. 2012/2398), art. 1(2), Sch. 2 para. 7

108 Rules, regulations and orders E+W

(1) Any power of the Lord Chancellor [F261 or Lord Chief Justice] to make rules, regulations or orders under this Act is exercisable by statutory instrument.

(2) None of the orders and regulations mentioned in subsection (3) may be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

(3) The orders and regulations are—

(a) the first order to be made under section 4 (areas of courts boards);

(b) regulations under section 34(5) [F262 or 67F(4)] (costs in legal proceedings);

(c) an order under—

(i) section 73 or 80 (powers to amend enactments in connection with Criminal Procedure Rules and Family Procedure Rules), or

(ii) section 109 (power to make consequential provision etc.),

which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act;

[F263 (ca) regulations under section 85A(8) (provision about directions for remote observation of court and tribunal proceedings);]

(d) an order under section 97(7) to (9) (power to make permanent provision about collection of fines and discharge of fines by unpaid work);

(e) regulations under Schedule 1;

(f) regulations under Schedule 6 relating to the prescribed hourly sum.

(4) A statutory instrument containing—

(a) the first order to be made under section 8 (local justice areas), or

(b) regulations under section 40 (payments, accounting and banking by designated officers),

is to be laid before Parliament after being made.

(5) Any other statutory instrument, apart from one containing an order under section 110 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Any power of the Lord Chancellor [F261 or Lord Chief Justice] to make rules, regulations or orders under this Act includes power to make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient.

(7) Nothing in this section applies to—

(a) rules made under Part 7 (Criminal Procedure and Family Procedure Rules), or

F264 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F261 Words in s. 108(1)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 348; S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)

F262 Words in s. 108(3)(b) inserted (10.1.2020 for specified purposes, 6.4.2020 in so far as not already in force) by Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33), s. 4(3), Sch. para. 36; S.I. 2020/24, regs. 2(b)(iii), 3(b)

F263 S. 108(3)(ca) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 198(5), 208(4)(aa)

F264 S. 108(7)(b) omitted (12.4.2010) by virtue of The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 69(3) (with arts. 28-31)

109 Minor and consequential amendments, repeals, etc. U.K.

(1) Schedule 8 contains minor and consequential amendments.

(2) Schedule 9 contains transitional provisions and savings.

(3) Schedule 10 contains repeals.

(4) The Lord Chancellor may by order make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

[F265 (4A) The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)—

(a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales;

(b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

(4B) The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)—

(a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland;

(b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.]

(5) An order under subsection (4) may, in particular—

(a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

F266 (b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

(6) The amendments that may be made under subsection (5)(b) are in addition to those made by or under any other provision of this Act.

[F267 (7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

(8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).]

[F268 (9) Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(10) No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(11) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(12) Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

Textual Amendments

F265 Words in s. 109(4A)(4B) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 349(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)

F266 S. 109(5)(b) power extended (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 12, Sch. 1 para. 25; S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

F267 Words in s. 109(7)(8) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 349(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(bb)

F268 S. 109(9)-(12) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 69(4) (with arts. 28-31)

Modifications etc. (not altering text)

C34 S. 109 transfer of functions (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 17 para. 19(b) (with arts. 28-31)

Commencement Information

I18 S. 109 partly in force; s. 109(4)-(6) in force at Royal Assent see s. 110(1)(2); s. 109(3) in force for certain purposes at 26.1.2004 by S.I. 2003/3345, art. 2(c)(iv); s. 109(1) in force for certain further purposes at 1.2.2004 by S.I. 2004/174, art. 2(b); s. 109(2) in force for certain further purposes at 23.2.2004 by S.I. 2004/174, art. 4(a); s. 109(2) in force for certain further purposes at 29.3.2004 by S.I. 2004/174, art. 4(b); s. 109(2) in force for certain purposes at 5.4.2004 by S.I. 2004/174, art. 4(c); s. 109(1)(3) in force for certain further purposes at 15.3.2004 by S.I. 2004/401, art. 2(d); s. 109(3) in force for certain further purposes at 1.5.2004 by S.I. 2004/1104, art. 3(i); s. 109(1)(3) in force for certain further purposes at 1.9.2004 by S.I. 2004/2066, art. 2(e); s. 109(1)(3) in force for certain further purposes at 4.1.2005 by S.I. 2004/3123, art. 2(d); s. 109(1)-(3) in force for certain further purposes at 1.4.2005 by S.I. 2005/910, art. 3(bb); s. 109(1)(3) in force for certain further purposes at 10.1.2006 by S.I. 2005/3518, art. 2(c) (with art. 4); s. 109(2)(3) in force for certain further purposes at 6.4.2006 by S.I. 2005/3518, art. 3(d) (with art. 4)

I19 S. 109(1)(3) in force at 6.4.2011 for specified purposes by S.I. 2010/2921, art. 3(a)

110 Commencement E+W

(1) Subject to subsection (2), this Act comes into force in accordance with provision made by order by the Lord Chancellor.

(2) Subsection (1) does not apply to section 42, 94, 107, 108, 109(4) to (6), this section or section 111 or 112.

(3) An order under this section may appoint different days for different provisions and different purposes.

Subordinate Legislation Made

P1 S. 110(1)(2) power partly exercised: 26.1.2004 appointed for specified provisions by {S.I. 2003/3345}, art. 2; 1.2.2004, 23.2.2004, 29.3.2004, and 5.4.2004 appointed for specified provisions by {S.I. 2004/174}, arts. 2-4; 15.3.2004 appointed for specified provisions by {S.I. 2004/401}, art. 2 (with transitional provisions in art. 3); 1.5.2004 appointed for specified provisions by {S.I. 2004/1104}, art. 3; 1.6.2004 appointed for specified provisions by {S.I. 2004/798}, art. 2; 1.9.2004 appointed for specified provisions by {S.I. 2004/2066}, art. 2 (with savings in art. 3); 21.9.2004 appointed for specified provisions by {S.I. 2004/2195}, art. 2; 4.1.2005 appointed for specified provisions by {S.I. 2004/3123}, art. 2 (with savings in art. 3); 1.4.2005 appointed for specified provisions by {S.I. 2005/547}, art. 2 (with transitional provisions and savings in arts. 3-16) (which S.I. was revoked by S.I. 2005/910, art. 2); 1.4.2005 appointed for specified provisions by {S.I. 2005/910}, art. 3 (with transitional provisions in S.I. 2005/911, arts. 2-14 ); 7.10.2005 appointed for specified provisions by {S.I. 2005/2744}, art. 2 (with transitional provisions in art. 3); 10.1.2006 and 6.4.2006 appointed for specified provisions by {S.I. 2005/3518}, arts. 2, 3 (with transitional provisions in art. 4); 5.9.2007 appointed for s. 50(2)(3) by {S.I. 2007/2706}, art. 1

111 Extent E+W

(1) Subject to subsections (2) and (3) [F269 and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5)] [F270 and Article 1(3) of the Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2016 (extent of Part 3B of Schedule 5)], this Act extends only to England and Wales.

(2) Subsection (1) does not apply to section 59(3), 90, 91, 100, 101, 102, 103, 104, 105, 106 or 109.

(3) Subject to any provision made in Schedule 8, the amendments and repeals made by Schedules 4, 8 and 10 have the same extent as the enactments to which they relate.

Textual Amendments

F269 Words in s. 111(1) inserted (11.12.2013) by Crime and Courts Act 2013 (c. 22), ss. 27(14), 61(3); S.I. 2013/2981, art. 2(a)

F270 Words in s. 111(1) inserted (N.I.) (12.4.2017 coming into force in accordance with art. 1(2)) by The Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2017 (S.I. 2017/570), arts. 1(2), 2(3)

112 Short title E+W

This Act may be cited as the Courts Act 2003.