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A | |
Bill | |
To | |
Make provision about the courts and their procedure and practice; about | |
judges and magistrates; about fines and the enforcement processes of the | |
courts; about periodical payments of damages; and for connected purposes. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Maintaining the court system | |
The general duty | |
1 The general duty | |
(1) The Lord Chancellor is under a duty to ensure that there is an efficient and | 5 |
effective system to support the carrying on of the business of— | |
(a) the Supreme Court, | |
(b) county courts, and | |
(c) magistrates’ courts, | |
and that appropriate services are provided for those courts. | 10 |
(2) In this Part— | |
(a) “the Supreme Court” 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. | 15 |
(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 business of the courts referred to in subsection (1). | |
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Court staff and accommodation | |
2 Court officers, staff and services | |
(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. | 5 |
(2) The principal civil service pension scheme for the time being in force applies | |
(with any necessary adaptations) to persons appointed under subsection (1) as | |
it applies to other persons employed in the civil service of the State. | |
(3) “Principal civil service pension scheme” has the same meaning as in section 2 | |
of the Superannuation Act 1972 (c. 11). | 10 |
(4) The Lord Chancellor may enter into such arrangements for the provision of | |
officers, staff or services as appear to him appropriate for the purpose of | |
discharging his general duty in relation to the courts. | |
(5) But subsection (4) does not authorise the Lord Chancellor to enter into | |
arrangements for the provision of officers or staff to discharge functions which | 15 |
involve making judicial decisions or exercising any judicial discretion. | |
3 Provision of accommodation | |
(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. | 20 |
(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— | 25 |
(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 | 30 |
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. | |
Court administration councils | 35 |
4 Establishment of court administration councils | |
(1) England and Wales is to be divided into areas for each of which there is to be a | |
court administration council. | |
(2) The areas are to be those specified by an order made by the Lord Chancellor. | |
(3) The members of the council are to be appointed by the Lord Chancellor. | 40 |
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(4) Each council must have— | |
(a) one member who is a judge, | |
(b) one member who is a lay justice, | |
(c) two other members who are persons appearing to the Lord Chancellor | |
to have appropriate knowledge or experience of the work of the courts | 5 |
in the area for which the council is established, and | |
(d) two more members who are persons appearing to the Lord Chancellor | |
to be representative of people living in that area, | |
and may have other members. | |
(5) The Lord Chancellor must provide the councils with guidance about the way | 10 |
in which they should discharge their functions. | |
(6) The guidance may, in particular, include provision about the constitution, | |
procedure and quorum of the councils. | |
(7) A council is not prevented from exercising its functions because of a vacancy | |
among its members or a defect in the appointment of a member. | 15 |
5 Role of court administration councils | |
(1) Each court administration council shall provide the Lord Chancellor with | |
recommendations about how he should discharge his general duty in relation | |
to— | |
(a) the Crown Court, | 20 |
(b) county courts, and | |
(c) magistrates’ courts, | |
in the area for which the council is established. | |
(2) In discharging his general duty in relation to those courts, the Lord Chancellor | |
must give due consideration to recommendations provided by the councils | 25 |
under subsection (1). | |
(3) It is not part of the role of a council to provide recommendations under | |
subsection (1) on matters which do not relate specifically to the area for which | |
the council is established. | |
Abolition of magistrates’ courts committees | 30 |
6 Abolition of magistrates’ courts committees, etc. | |
(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— | 35 |
(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 1 (abolition of magistrates’ courts committees: transfers) has effect. | |
(4) The Justices of the Peace Act 1997 (c. 25) ceases to have effect. | 40 |
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Part 2 | |
Justices of the peace | |
The commission of the peace and local justice areas | |
7 The commission of the peace for England and Wales | |
There shall be a commission of the peace for England and Wales— | 5 |
(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 | |
(1) England and Wales is to be divided into areas to be known as local justice areas. | 10 |
(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 | 15 |
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. | |
(6) Before making an order under subsection (4) in relation to a local justice area | 20 |
the Lord Chancellor must consult— | |
(a) the justices of the peace assigned to the local justice area, | |
(b) any court administration council whose area includes the local justice | |
area or a part of the local justice area, and | |
(c) unless the alteration consists only of a change of name, any local | 25 |
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, or | 30 |
(b) a police authority established under section 3 of the Police Act 1996 | |
(c. 16) or the Metropolitan Police Authority. | |
Lay justices | |
9 Meaning of “lay justice” | |
In this Act “lay justice” means a justice of the peace who is not a District Judge | 35 |
(Magistrates’ Courts). | |
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