Legalize / United Kingdom / Public General Act

Courts Act 2003

Type Public General Act

Publication 2003-11-20

Last updated 2024-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Maintaining the court system

The general duty

Removal of restriction on Circuit judges sitting on certain appeals

1

(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 Senior Courts

(aa) the Court of Protection,

(b) the county court,

(ba) the family court, and

and that appropriate services are provided for those courts.

(2) In this Part—

(a) “the 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.

Court staff and accommodation

Official Solicitor of Northern Ireland

2

(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,

(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

Provision of accommodation

3

(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

Establishment of courts boards

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

Functions of courts boards

5

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

Abolition of magistrates' courts committees

Abolition of magistrates' courts committees, etc.

6

(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.

Part 2 — Justices of the peace

The commission of the peace and local justice areas

The commission of the peace for England and Wales

7

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.

Local justice areas

8

(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

(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,

(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

(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.

Lay justices

Meaning of “lay justice”

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

Appointment of lay justices etc.

10

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

(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) 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.

(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.

(2A) The Lord Chancellor must ensure that arrangements for the exercise, so far as affecting any local justice area, of functions under 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 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).

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

(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), (2ZA) or (3).

Resignation and removal of lay justices

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

(2) The Lord Chancellor may , 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 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.

The supplemental list

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(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).

Entry of names in the supplemental list

13

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

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

(3) Where—

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

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

the 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 , 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.

(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).

Removal of names from the supplemental list

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(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 , with the concurrence of the Lord Chief Justice, directs its removal.

Lay justices' allowances

15

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

(a) travelling allowance,

(b) subsistence allowance, and

(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 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.

(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).

Records of lay justices

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(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.

(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.

Chairman and deputy chairmen and the bench

Chairman and deputy chairmen: selection

17

(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 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.

(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.

Rights to preside and size of bench

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(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 ...,

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

(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.

Supplementary provisions about the bench

Training, development and appraisal of lay justices

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(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;

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

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

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

(3) The Lord Chief Justice must ensure that 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.

(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.

Rules

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

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

(za) the Lord Chancellor,

(a) the Criminal Procedure Rule Committee,and

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

(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.

Duty to consult lay justices on matters affecting them etc.

21

(1) The Lord Chancellor 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.

(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.

District Judges (Magistrates' Courts)

Appointment etc.

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(1) Her Majesty may, on the recommendation of the Lord Chancellor, appoint a person who 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 , with the concurrence of the Lord Chief Justice, remove a District Judge (Magistrates' Courts) from office on the ground of incapacity or misbehaviour.

Senior District Judge (Chief Magistrate)

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Her Majesty

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

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

Deputy District Judges (Magistrates' Courts)

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(1) The Lord Chief Justice may appoint a person who 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.

(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

(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).

District Judges (Magistrates' Courts) as justices of the peace

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(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 the Lord Chief Justice, after consulting the Lord Chancellor .

(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).

District Judges (Magistrates' Courts) able to act alone

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(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.

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

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

Legal advice

Justices' clerks and assistant clerks

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

Functions

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(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.

Independence

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(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

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(1) The Lord Chancellor may , 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;

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

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

(7) The Lord Chancellor may , 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.

(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).

Protection and indemnification of justices and justices' clerks

Immunity for acts within jurisdiction

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(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.

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

Immunity for certain acts beyond jurisdiction

32

(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.

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

Striking out proceedings where action prohibited

33

(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.

Costs in legal proceedings

34

(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.

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

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

(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) 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 , 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.

(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.

Indemnity

35

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

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

(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 ... 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 ... 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.

Fines officers and designated officers

Fines officers

36

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.

Designated officers and magistrates' courts

37

(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, ...

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

Application of receipts of magistrates' courts etc.

Application of receipts of designated officers

38

(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

(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.

Limits to requirements about application of receipts

39

(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.

Regulations about payments, accounting and banking by designated officers

40

(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,

(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

Disqualification of lay justices who are members of local authorities

41

(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

(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

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),

(d) the London Fire Commissioner,

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

(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,

(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).

(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.

Effect of Act of Settlement on existing justices of the peace

42

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 — Magistrates' courts

Criminal jurisdiction and procedure

Summons or warrant for suspected offender

43

(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.

Trial of summary offences

44

For section 2 of the 1980 Act substitute—

(2) (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.

Power to make rulings at pre-trial hearings

45

(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.

Power to transfer criminal cases

46

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

(27A) (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

Jurisdiction to issue summons and deal with complaints

47

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

(51) 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) (1) A magistrates' court has jurisdiction to hear any complaint. (2) But subsection (1) is subject to provision made by any enactment.

Power to transfer civil proceedings (other than family proceedings)

48

After section 57 of the 1980 Act insert—

(57A) (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

Family proceedings courts

49

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

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

Youth courts

50

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

(45) (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).

Part 4 — Court security

Court security officers

51

(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.

Powers of search

52

(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.

Powers to exclude, remove or restrain persons

53

(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;

(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.

Surrender and seizure of articles

54

(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

Powers to retain articles surrendered or seized

55

(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.

(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—

(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.

(4) This section is subject to section 55A.

Regulations about retention of articles

56

(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) or 54A(4)(a), or

(ii) from whom articles have been seized under section 54(2) 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,

(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 or section 55A,

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

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

Assaulting and obstructing court security officers

57

(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.

Part 5 — Inspectors of court administration

Inspectors of court administration etc.

58

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

Functions of inspectors

59

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

Functions of Chief Inspector

60

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

Rights of entry and inspection

61

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

Part 6 — Judges

Offices, titles, styles etc.

Head and Deputy Head of Civil Justice

62

(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.

Ordinary judges of the Court of Appeal

63

(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 Senior Courts Act 1981(c. 54).

Power to alter judicial titles

64

(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

Chancellor of the High Court

Chief Chancery Master

Chief Insolvency and Companies Court Judge

Chief Taxing Master

Circuit judge

Deputy Circuit judge

Deputy district judge appointed under section 102 of the 1981 Act

Deputy district judge appointed under section 8 of the County Courts Act 1984

Deputy Head of Civil Justice

Deputy Head of Family Justice

Deputy judge of the High Court

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

Head of Civil Justice

Head of Family Justice

Insolvency and Companies Court Judge

Lord Chief Justice

Master of the Chancery Division

Master of the Queen’s Bench Division

Master of the Rolls

Ordinary judge of the Court of Appeal

President of the Courts of England and Wales

President of the Court of Protection,

President of the Family Division

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

Senior District Judge of the Family Division

Senior Judge of the Court of Protection,

Senior Master of the Queen’s Bench Division

Senior Presiding Judge for England and Wales

Taxing Master of the Senior Courts

Vice-president of the Court of Appeal

Vice-president of the Court of Protection.

Vice-president of the Queen’s Bench Division.

(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 91(1) of the 1981 Act are to be styled.

(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—

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

(b) the Master of the Rolls,

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

(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) , (2A) or (3).

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

(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.

Flexibility in deployment of judicial resources

District Judges (Magistrates' Courts) as Crown Court judges etc.

65

(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).

Judges having powers of District Judges (Magistrates' Courts)

66

(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,...

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

(2) The offices are—

(a) judge of the High Court;

(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;

(d) deputy Circuit judge;

(e) recorder.

(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.

(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.

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

(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.

(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.

Removal of restriction on Circuit judges sitting on certain appeals

67

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

Part 7 — Procedure rules and practice directions

Criminal Procedure Rules and practice directions

Meaning of “criminal court”

68

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.

Criminal Procedure Rules

69

(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 . . . 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.

Criminal Procedure Rule Committee

70

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

(a) the Lord Chief Justice, and

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

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

(a) a person nominated by the Lord Chancellor,

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

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

(e) one lay justice,

(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 Senior Courts qualification and who have particular experience of practice in criminal courts,

(i) two persons who—

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

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

(j) one person who appears to represent 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.

(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.

(3) Before appointing a person in accordance with subsection (1A), 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.

(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.

(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).

Power to change certain requirements relating to Committee

71

(1) The Lord Chancellor may by order—

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

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

(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.

Process for making Criminal Procedure Rules

72

(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.

(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 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) ... A statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to amend legislation in connection with the rules

73

((1)) The Lord Chancellor may, ... 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.

(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.

Practice directions as to practice and procedure of the criminal courts

74

(1) 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 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 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.

(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.

Family Procedure Rules and practice directions

Family Procedure Rules

75

(1) There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedings...

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

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

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

(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 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 . . . 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.

Further provision about scope of Family Procedure Rules

76

(1) Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made . . . 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), ...

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(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 proceedings....

(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

(8) Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.

Family Procedure Rule Committee

77

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

(a) the President of the Family Division, and

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

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

(a) two judges of the Senior Courts, at least one of whom must be a puisne judge attached to the Family Division,

(b) one Circuit judge,

(ba) one judge of the family court who sits exclusively or primarily in Wales,

(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,

(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 Senior Courts qualification, and

(ii) particular experience of family practice in the High Court,

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) one person who has—

(i) a Senior Courts qualification, and

(ii) particular experience of family practice in the family court,

(k) one person who—

(i) has been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, and

(ii) has particular experience of family practice in the High Court,

(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m) one person who—

(i) has been so authorised, and

(ii) has particular experience of family practice in the family court,

(n) one person nominated by CAFCASS, ...

(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 in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and the President of the Family Division.

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

(5) Before appointing a person 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

(b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).

(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.

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