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42.—(1) Subject to paragraphs (3) and (4) there shall be a MATC for each courts board area in existence on 1st January 2006.
(2) A MATC may apply to the Lord Chancellor to establish more than one MATC in its MATC area.
(3) If, after consulting the Lord Chief Justice, the Lord Chancellor agrees to an application made under paragraph (2), he shall determine the membership of the MATCs and the terms of office of its members having regard, as far as practicable, to the requirements of rules 43 to 45.
(4) Two or more MATCs may establish a combined MATC and the composition of a combined MATC shall be in accordance with rule 44.
43.—(1) The membership of a MATC shall consist of justices assigned within the MATC area (referred to in this rule and rules 44 and 45 as “justice members”) and other members as follows—
(a)enough justices for them to be a majority of the membership;
(b)a justices’ clerk assigned to a local justice area within the MATC area;
(c)a District Judge (Magistrates’ Courts) who sits regularly in the MATC area, if such a judge is available;
(d)a designated family judge, if such a judge is available;
(e)a Crown Court liaison judge, if such a judge is available.
(2) There shall be no maximum number of justice members.
(3) The MATC may appoint additional justice members and shall do so where it is necessary for the MATC to comply with paragraph (1)(a).
(4) If the number of justice members has fallen so that paragraph (1)(a) is not complied with, the MATC may nevertheless act for the purpose of appointing additional justice members.
(5) The justice members shall include—
(a)every BTDC chairman whose bench is in the MATC area;
(b)the chairman of every FTDC within the MATC area;
(c)the chairman of the ILYTDC if all or part of the Inner London area lies within the MATC area; and
(d)a justice nominated by the Magistrates’ Association.
(6) If there is more than one justices’ clerk assigned within the MATC area, the Area Director or Area Directors, in whose area or areas the MATC lies shall appoint one of the justices’ clerks to the MATC.
(7) At its first meeting of the calendar year, the MATC shall appoint a chairman from amongst its justice members.
(8) Any Area Director in whose area a MATC lies may attend the meetings of the MATC in an advisory capacity only.
44.—(1) The membership of a combined MATC shall consist of justices within the MATC area for which the combined MATC is established (“the combined area”) and other members as follows—
(a)enough justices for them to be a majority of the membership;
(b)a justices’ clerk assigned to a local justice area within the combined area;
(c)a District Judge (Magistrates’ Courts) who sits regularly in the combined area, if such a judge is available;
(d)a designated family judge, if such a judge is available;
(e)a Crown Court liaison judge, if such a judge is available.
(2) There shall be no maximum number of justice members.
(3) The MATC may appoint additional justice members and shall do so where it is necessary for the MATC to comply with paragraph (1)(a).
(4) If the number of justice members has fallen so that paragraph (1)(a) is not complied with, the MATC may nevertheless act for the purpose of appointing additional justice members.
(5) The justice members shall include—
(a)every BTDC chairman whose bench is in the combined area;
(b)the chairman of every FTDC within the combined area;
(c)the chairman of the ILYTDC if all or part of the Inner London area lies within the combined area; and
(d)a justice nominated by the Magistrates’ Association.
(6) If there is more than one justices’ clerk assigned within the combined area, the Area Director or Area Directors in whose area or areas the combined MATC lies shall appoint one of the justices’ clerks to the combined MATC.
(7) Any Area Director in whose area a combined MATC lies may attend the meetings of the combined MATC in an advisory capacity only.
45.—(1) The term of office for the chairman of a BTDC, FTDC or the ILYTDC as member of a MATC shall be the same as his term of office as chairman of the BTDC, FTDC or ILYTDC as the case may be.
(2) The justice nominated by the Magistrates’ Association shall have a renewable term of office of three years, but may not serve for more than a total of six years.
(3) Any justice member who is not a BTDC, FTDC or ILYTDC chairman shall have a renewable term of office of three years, but may not serve for more than a total of six years.
(4) The chairman of the MATC shall have a renewable term of office, which shall expire on 31st December of each year.
(5) This rule applies to members of a MATC which is combined under rule 42(4); and where a member of a combined MATC has previously served in a MATC, the length of that previous service shall count for the purposes of paragraphs (2) and (3).
46. A MATC meeting shall be quorate if—
(a)the number of members present at the meeting is a number which, if multiplied by four, exceeds the total number of members of the MATC; and
(b)a majority of the members present are justices.
47.—(1) A MATC shall—
(a)consider the training needs identified by BTDCs, and, where appropriate, FTDCs and the ILYTDC in accordance with rules 11(2)(c), 21(1)(b) and 29(1)(b); and
(b)produce, no later than the end of February each year, a training plan for the period of the following April to March.
(2) The content of the training plan shall include—
(a)the proposed types of training;
(b)the number of justices who are to receive training;
(c)the place or places where the training is likely to be provided; and
(d)the proposed dates of the training.
(3) Each MATC shall also provide, no later than 30th September each year, an annual report to the Lord Chief Justice on training which was undertaken in the preceding April to March, which shall include—
(a)information on the types of training that have taken place in that period;
(b)an evaluation of the training that has taken place;
(c)the cost of the training;
(d)information on the number of magistrates who attended the training; and
(e)any substantial respects in which the training that has taken place has differed from the training that was proposed in the training plan for that period.
(4) A MATC, when producing a training plan under paragraph (1)(b) or providing an annual report under paragraph (3), shall have regard to any guidance issued by the Lord Chief Justice as to the form or content of the training plan or report.
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