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
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)
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)
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
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
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
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
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
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
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)
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
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
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
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
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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)
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
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)
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)
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))
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)
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)
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)))
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)
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)
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))
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)
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)
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))
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)
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)
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)
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
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.
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.
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).
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.
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.
A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—
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
a fine.
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.
In this section a “criminal court” is, when dealing with any criminal cause or matter—
the Crown Court;
a magistrates' court.
to make orders under section 23(1)(a).
to make orders under section 23(1)(a).
The power of the Court of Appeal to determine an application for procedural directions may be exercised by— a single judge, or the registrar. “ an application for leave to appeal, or an appeal, to which this section applies. A single judge may give such procedural directions as he thinks fit— when acting under subsection (1); on a reference from the registrar; of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal. The registrar may give such procedural directions as he thinks fit— when acting under subsection (1); of his own motion. This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under— this Part, section 9 of the Criminal Justice Act 1987, or section 35 of the Criminal Procedure and Investigations Act 1996. Subsection (2) applies if a single judge gives, or refuses to give, procedural directions. The Court of Appeal may, on an application to it under subsection (5)— confirm, set aside or vary any procedural directions given by the single judge, and give such procedural directions as it thinks fit. Subsection (4) applies if the registrar gives, or refuses to give, procedural directions. A single judge may, on an application to him under subsection (5)— confirm, set aside or vary any procedural directions given by the registrar, and give such procedural directions as he thinks fit. An application under this subsection may be made by— an appellant; a respondent, if the directions— relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them, relate to an application for leave to appeal which is to be determined by the Court of Appeal, or relate to an appeal. In this section— “ “
Sections 31B to 31C of the 1968 Act apply to—
applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
appeals in relation to which—
a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or
leave to appeal,
is granted on or after that date.
“
Amend section 2 of the Administration of Justice Act 1960 (c. 65)
(applications for leave to appeal to
In subsection (1)—
In subsection (1), “ the date of the decision of the court below, or if later, the date on which that court gives reasons for its decision.
Amend section 34 of the 1968 Act (applications for leave to appeal to the
In subsection (1)—
In subsection (1), “ the date of the Court of Appeal’s decision, or if later, the date on which the
In section 92 of the 1981 Act (tenure of offices in
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”,
omit subsections (2D) and (2E) (retirement age of 62 for that office), and
to make orders under section 28(1)(a).
to make orders under section 28(1)(a).
The power of the Appeal Court to determine an application for procedural directions may be exercised by— a judge of the Appeal Court, or the registrar. “ an application for leave to appeal, or an appeal, under this Part. A judge of the Appeal Court may give such procedural directions as he thinks fit— when acting under subsection (1); on a reference from the registrar; of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal. The registrar may give such procedural directions as he thinks fit— when acting under subsection (1); of his own motion. Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions. The Appeal Court may, on an application to it under subsection (5)— confirm, set aside or vary any procedural directions given by the judge, and give such procedural directions as it thinks fit. Subsection (4) applies if the registrar gives, or refuses to give, procedural directions. A judge of the Appeal Court may, on an application to him under subsection (5)— confirm, set aside or vary any procedural directions given by the registrar, and give such procedural directions as he thinks fit. An application under this subsection may be made by— an appellant; the Defence Council, if the directions— relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them, relate to an application for leave to appeal which is to be determined by the Appeal Court, or relate to an appeal.
Sections 36B to 36C of that Act apply to—
applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
appeals in relation to which leave to appeal is granted on or after that date.
Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20)
(applications for leave to appeal to
In subsection (1)—
In subsection (1), “ the date of the Appeal Court’s decision, or if later, the date on which the
The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—
the
the family court,
magistrates' courts.
An order under this section may, in particular, contain provision as to—
scales or rates of fees;
exemptions from or reductions in fees;
remission of fees in whole or in part.
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.
The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.
Before making an order under this section, the Lord Chancellor must consult—
the Lord Chief Justice;
the Master of the Rolls;
the President of the Queen's Bench Division;
the President of the Family Division;
the Chancellor of the High Court;
the Head of Civil Justice;
the Deputy Head of Civil Justice (if there is one).
Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.
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.
Fees payable under this section are recoverable summarily as a civil debt.
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).
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.
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. 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 condition is that— there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him. Regulations made under this section may, in particular— specify types of misconduct in respect of which a third party costs order may not be made; allow the making of a third party costs order at any time; 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; 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. 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. 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.
Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
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— section 43(1) or (2)
(appeals against orders made in restraint proceedings), or section 65 (appeals against, or relating to, the making of receivership orders), are in the discretion of the court. 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. The court shall have full power to determine by whom and to what extent the costs are to be paid. In any proceedings mentioned in subsection (4), the court may— disallow, or (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. In subsection (7)
“ 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 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. “
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.
Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.
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.
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),
“
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.
provision that the court may require the offender to provide prescribed information in connection with an application;
An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence. An offender commits an offence if, in providing information required by the court by virtue of that subsection, he— makes a statement which he knows to be false in a material particular, recklessly provides a statement which is false in a material particular, or knowingly fails to disclose any material fact. 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.
Schedule 5 contains provisions about the collection of fines.
Schedule 6 contains provisions about the discharge of fines by means of unpaid work.
Subsections (4) to (9) apply in relation to each of those Schedules.
The Schedule is to have effect only in accordance with—
subsections (5) and (6) (pilot schemes), or
subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).
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.
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.
The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—
in all local justice areas, and
indefinitely.
“
if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;
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.
An order under subsection (7) may make such amendments of—
the Schedule, and
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).
A register is to be kept, in accordance with regulations, of—
judgments entered in the High Court;
judgments entered in
administration orders made under section 112 of the County Courts Act 1984 (c. 28)
(power of county
orders restricting enforcement made under section 112A of that Act (power of county
sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
a decision or award of—
the First-tier Tribunal,
the Upper Tribunal,
an employment tribunal, or
the Employment Appeal Tribunal,
in pursuance of which any sum is payable.
“
The regulations may—
provide for prescribed classes of judgments, orders
prescribe circumstances in which judgments, orders
prescribe circumstances in which an entry in the register is to be cancelled;
in the case of sums adjudged to be paid by conviction of a magistrates' court
The Lord Chancellor may fix charges to be made for—
making information in an entry in the register available for inspection;
carrying out an official search of the register;
supplying a certified copy of information in an entry in the register.
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.
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.
If, under subsection (6), the register is kept by a body corporate—
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,
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
subsection (5) does not apply.
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.
Schedule 7 contains provisions about High Court writs of execution
Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.
A court awarding damages for future pecuniary loss in respect of personal injury— may order that the damages are wholly or partly to take the form of periodical payments, and shall consider whether to make that order. 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. A court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure. For the purpose of subsection (3) the continuity of payment under an order is reasonably secure if— it is protected by a guarantee given under section 6 of or the Schedule to this Act, 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 the source of payment is a government or health service body. An order for periodical payments may include provision— 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); 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); 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); enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c). 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 court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary, and a purported assignment or charge, or agreement to assign or charge, is void unless approved by the court. 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— the court which made the order declares its satisfaction that the continuity of payment under the new method is reasonably secure, the new method is protected by a guarantee given under section 6 of or the Schedule to this Act, 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 the source of payment under the new method is a government or health service body. 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. But an order for periodical payments may include provision— disapplying subsection (8), or modifying the effect of subsection (8). Civil Procedure Rules may require a court to take specified matters into account in considering— whether to order periodical payments; the security of the continuity of payment; whether to approve an assignment or charge. For the purposes of section 2(4)(c) and (7)(d)
“ An order under subsection (2)— shall be made by statutory instrument, and shall be subject to annulment in pursuance of a resolution of either House of Parliament. 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. In section 2 “ In the application of this section to Northern Ireland— a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and a reference to a claimant shall be taken as a reference to a plaintiff. Section 2 is without prejudice to any power exercisable apart from that section. 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)). 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— provides for periodical payments, and expressly permits a party to apply to a court for variation in those circumstances. An order under this section may make provision— which operates wholly or partly by reference to a condition or other term of the court’s order or of the agreement; about the nature of an order which may be made by a court on a variation; about the matters to be taken into account on considering variation; 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). An order under this section may apply (with or without modification) or amend an enactment about provisional or further damages. 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). An order under this section— shall be made by statutory instrument, may not be made unless the Lord Chancellor has consulted such persons as he thinks appropriate, may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and may include transitional, consequential or incidental provision. In subsection (4)— “ “
In this section—
subsection (1) shall extend only to England and Wales and Northern Ireland, and
the remainder shall extend to the whole of the United Kingdom.
Subsection (2) applies where— a person has a right to receive periodical payments, and 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. The protection provided by the scheme shall extend by virtue of this section to the whole of the payments. Subsection (4) applies where— one person (“ a third person (“ 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. For the purposes of the scheme under section 213 of that Act— 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), the protection under the scheme in respect of those payments shall extend by virtue of this section to the whole of the payments, and no person other than the claimant shall be entitled to protection under the scheme in respect of the payments. In this section “ an order of a court in so far as it is made in reliance on section 2 above (including an order as varied), or an agreement in so far as it settles a claim or action for damages in respect of personal injury (including an agreement as varied). 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.
Where an individual who has a right to receive periodical payments becomes bankrupt—
the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to
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)),
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,
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
nothing in section 2 of that Act shall prevent entry into an income payments agreement.
In subsection (4)—
“
“
“
“
an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), or
an agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).
In this section—
subsections (1) to (3) shall extend to the whole of the United Kingdom, and
subsections (4) and (5) shall extend only to England and Wales and Northern Ireland.
The Lord Chancellor may by order—
alter the name of any of the offices of the
provide for or alter the way in which the holders of any of those offices are to be styled.
The offices are—
County court judge
Deputy judge of the county court
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
Puisne judge of the High Court.
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.
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).
The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.
The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)—
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
a Lord Justice of Appeal (as defined in section 88 of that Act).
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)).
An order under this section is subject to
“
In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official Solicitor ceases to have effect.
Amend section 75 of the 1978 Act (Official Solicitor) as follows.
The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is— a solicitor of the Supreme Court of at least 7 years' standing, or a member of the Bar of Northern Ireland of at least 7 years' standing.
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). 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. 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). 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— may be appointed only if qualified for appointment as Official Solicitor, shall have all the powers and duties of the Official Solicitor, and may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.
In section 68 of the 1978 Act (
The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chancellor.
In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the words “Subject to subsection (2),”) cease to have effect.
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.
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
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.
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.
In sub-paragraph (1)—
In sub-paragraph (1), “ the date of the decision of the court below, or if later, the date on which that court gives reasons for its decision.
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.
In subsection (1)—
In subsection (1), “ the date of the Court of Appeal’s decision, or if later, the date on which the Court gives reasons for its decision.
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).