Courts Act 2003

• (6) The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.

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

• (8) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.

Power to change certain requirements relating to Committee

78

• (1) The Lord Chancellor may by order—

• (a) amend section 77(2) (persons to be appointed to Committee by Lord Chancellor or Lord Chief Justice), and

• (b) make consequential amendments in any other provision of section 77.

• (1A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

• (2) Before making an order under this section the Lord Chancellor must consult the President of the Family Division.

• (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 Family Procedure Rules

79

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

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

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

• (2) Rules made by the Family Procedure Rule Committee must be—

• (a) signed by a majority of the members of the Committee, and

• (b) submitted to the Lord Chancellor.

• (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 Family 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

80

• (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 Family Procedure Rules, or

• (b) in consequence of section 75, 76 or 79 or Family 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 relating to family proceedings

81

• (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—

• (za) the civil division of the Court of Appeal in proceedings on appeal from the Family Division of the High Court or from the family court,

• (zb) the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and

• (aa) the family court.

• (2) Directions as to the practice and procedure mentioned in subsection (1) which are given otherwise than under subsection (1) may not be given without the approval of—

• (a) the Lord Chancellor, and

• (b) the Lord Chief Justice.

• (2A) Directions as to the practice and procedure mentioned in subsection (1) (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.

• (3) The power to give directions under subsection (1) includes power—

• (a) to vary or revoke directions as to the practice and procedure mentioned in subsection (1), 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.

• (5) In this section—

• “Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;

• ...

Civil Procedure Rules

Civil Procedure Rules

82

• (1) For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules) substitute—

(3) Any power to make or alter Civil Procedure Rules is to be exercised with a view to securing that— (a) the system of civil justice is accessible, fair and efficient, and (b) the rules are both simple and simply expressed.

• (2) “The 1997 Act” means the Civil Procedure Act 1997 (c. 12).

Civil Procedure Rule Committee

83

• (1) For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the Committee) substitute—

(aa) the Head of Civil Justice, (ab) the Deputy Head of Civil Justice (if there is one), (a) the Master of the Rolls (unless he holds an office mentioned in paragraph (aa) or (ab)), and

.

• (2) For section 2(2)(a) of the 1997 Act (one judge of the Senior Courts to be appointed to Committee) substitute—

(a) either two or three judges of the Supreme Court,

.

• (3) For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with experience etc. of lay advice sector and consumer affairs) substitute

and (g) two persons with experience in and knowledge of the lay advice sector or consumer affairs.

Power to change certain requirements relating to Committee

84

After section 2 of the 1997 Act insert—

(2A) (1) The Lord Chancellor may by order— (a) amend section 2(2) (persons to be appointed to Committee by Lord Chancellor), and (b) make consequential amendments in any other provision of section 2. (2) Before making an order under this section the Lord Chancellor must consult— (a) the Head of Civil Justice, (b) the Deputy Head of Civil Justice (if there is one), and (c) the Master of the Rolls (unless he holds an office mentioned in paragraph (a) or (b)). (3) The power to make an order under this section is exercisable by statutory instrument. (4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.

Process for making Civil Procedure Rules

85

• (1) Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure Rules).

• (2) For section 3 of the 1997 Act (section 2: supplementary) substitute—

(3) (1) The Civil Procedure Rule Committee must, before making Civil Procedure Rules— (a) consult such persons as they consider appropriate, and (b) meet (unless it is inexpedient to do so). (2) Rules made by the Civil Procedure Rule Committee must be— (a) signed by a majority of the members of the Committee, and (b) submitted to the Lord Chancellor. (3) The Lord Chancellor may allow, disallow or alter rules so made. (4) Before altering rules so made the Lord Chancellor must consult the Committee. (5) Rules so made, as allowed or altered by the Lord Chancellor— (a) come into force on such day as the Lord Chancellor directs, and (b) are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown. (6) Subject to subsection (7), a statutory instrument containing Civil Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament. (7) A statutory instrument containing rules altered by the Lord Chancellor is of no effect unless approved by a resolution of each House of Parliament before the day referred to in subsection (5)(a).

Part 8 — Miscellaneous

Provisions relating to criminal procedure and appeals

Alteration of place fixed for Crown Court trial

86

An application under section 76(3) of the 1981 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court by a judge of the High Court; and accordingly section 76(4) of the 1981 Act ceases to have effect.

Appeals to Court of Appeal: procedural directions

87

• (1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that Act exercisable by single judge), in subsection (2), after paragraph (h) insert—

(i) to make orders under section 23(1)(a).

• (2) In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—

(d) to make orders under section 23(1)(a).

, and at the end of paragraph (b), omit “and”.

• (3) After section 31A of the 1968 Act insert—

(31B) (1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by— (a) a single judge, or (b) the registrar. (2) “Procedural directions” means directions for the efficient and effective preparation of— (a) an application for leave to appeal, or (b) an appeal, to which this section applies. (3) A single judge may give such procedural directions as he thinks fit— (a) when acting under subsection (1); (b) on a reference from the registrar; (c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal. (4) The registrar may give such procedural directions as he thinks fit— (a) when acting under subsection (1); (b) of his own motion. (5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under— (a) this Part, (b) section 9 of the Criminal Justice Act 1987, or (c) section 35 of the Criminal Procedure and Investigations Act 1996. (31C) (1) Subsection (2) applies if a single judge gives, or refuses to give, procedural directions. (2) The Court of Appeal may, on an application to it under subsection (5)— (a) confirm, set aside or vary any procedural directions given by the single judge, and (b) give such procedural directions as it thinks fit. (3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions. (4) A single judge may, on an application to him under subsection (5)— (a) confirm, set aside or vary any procedural directions given by the registrar, and (b) give such procedural directions as he thinks fit. (5) An application under this subsection may be made by— (a) an appellant; (b) a respondent, if the directions— (i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them, (ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or (iii) relate to an appeal. (6) In this section— - “appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5); - “respondent” includes a person who will be a respondent if leave to appeal is granted.

• (4) Sections 31B to 31C of the 1968 Act apply to—

• (a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and

• (b) appeals in relation to which—

• (i) a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or

• (ii) leave to appeal,

is granted on or after that date.

• (5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

Extension of time for criminal appeals to House of Lords

88

• (1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to Supreme Court) as follows.

• (2) In subsection (1)—

• (a) for “fourteen” (in both places) substitute “ 28 ”, and

• (b) for “date of the decision of that court” substitute “ relevant date ”.

• (3) After subsection (1) insert—

(1A) In subsection (1), “the relevant date” means— (a) the date of the decision of the court below, or (b) if later, the date on which that court gives reasons for its decision.

• (4) Amend section 34 of the 1968 Act (applications for leave to appeal to the Supreme Court) as follows.

• (5) In subsection (1)—

• (a) for “fourteen” (in both places) substitute “ 28 ”, and

• (b) for “date of the decision of the Court of Appeal” substitute “ relevant date ”.

• (6) After subsection (1) insert—

(1A) In subsection (1), “the relevant date” means— (a) the date of the Court of Appeal’s decision, or (b) if later, the date on which the Court of Appeal gives reasons for its decision.

Retirement age of Registrar of Criminal Appeals

89

• (1) In section 92 of the 1981 Act (tenure of offices in Senior Courts)—

• (a) in subsection (2) (offices with retirement age of 70, but with possibility of extensions to not beyond 75), omit “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals”,

• (b) omit subsections (2D) and (2E) (retirement age of 62 for that office), and

• (c) in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to be held during good behaviour), for “to which subsection (1), (2A) or (2D) applies” substitute “ listed in column 1 of Part 1 or 2 of Schedule 2 ”.

• (2) In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), after the entry relating to a Deputy or temporary Master, Queen’s Bench Division, insert— “Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals ”.

Appeals to Courts-Martial Appeal Court: procedural directions

90

• (1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the Appeal Court under Part 2 of that Act exercisable by single judge), in subsection (1), after paragraph (g) insert—

(h) to make orders under section 28(1)(a).

, and at the end of paragraph (f), omit “and”.

• (2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert

and— (c) to make orders under section 28(1)(a).

, and at the end of paragraph (a), omit “and”.

• (3) After section 36A of that Act insert—

(36B) (1) The power of the Appeal Court to determine an application for procedural directions may be exercised by— (a) a judge of the Appeal Court, or (b) the registrar. (2) “Procedural directions” means directions for the efficient and effective preparation of— (a) an application for leave to appeal, or (b) an appeal, under this Part. (3) A judge of the Appeal Court may give such procedural directions as he thinks fit— (a) when acting under subsection (1); (b) on a reference from the registrar; (c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal. (4) The registrar may give such procedural directions as he thinks fit— (a) when acting under subsection (1); (b) of his own motion. (36C) (1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions. (2) The Appeal Court may, on an application to it under subsection (5)— (a) confirm, set aside or vary any procedural directions given by the judge, and (b) give such procedural directions as it thinks fit. (3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions. (4) A judge of the Appeal Court may, on an application to him under subsection (5)— (a) confirm, set aside or vary any procedural directions given by the registrar, and (b) give such procedural directions as he thinks fit. (5) An application under this subsection may be made by— (a) an appellant; (b) the Defence Council, if the directions— (i) relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them, (ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or (iii) relate to an appeal.

• (4) Sections 36B to 36C of that Act apply to—

• (a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and

• (b) appeals in relation to which leave to appeal is granted on or after that date.

Extension of time for appeals from Courts-Martial Appeal Court

91

• (1) Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to Supreme Court) as follows.

• (2) In subsection (1)—

• (a) for “fourteen” (in both places) substitute “ 28 ”, and

• (b) for “date of the decision of the Appeal Court” substitute “ relevant date ”.

• (3) After subsection (1) insert—

(1A) In subsection (1), “the relevant date” means— (a) the date of the Appeal Court’s decision, or (b) if later, the date on which the Appeal Court gives reasons for its decision.

Fees and costs

Fees

92

• (1) The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—

• (a) the Senior Courts,

• (aa) the family court,

• (b) the county court, and

• (c) magistrates' courts.

• (2) An order under this section may, in particular, contain provision as to—

• (a) scales or rates of fees;

• (b) exemptions from or reductions in fees;

• (c) remission of fees in whole or in part.

• (3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.

• (4) The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.

• (5) Before making an order under this section, the Lord Chancellor must consult—

• (a) the Lord Chief Justice;

• (b) the Master of the Rolls;

• (ba) the President of the Queen's Bench Division;

• (c) the President of the Family Division;

• (d) the Chancellor of the High Court;

• (e) the Head of Civil Justice;

• (f) the Deputy Head of Civil Justice (if there is one).

• (6) Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.

• (7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.

• (8) Fees payable under this section are recoverable summarily as a civil debt.

• (9) Subsection (10) applies in relation to an authority which has power to prescribe fees payable in any of the courts referred to in subsection (1).

• (10) Nothing in this section prevents the authority from applying to any extent provisions contained in an order made under this section; and an instrument made in exercise of the power is to be read (unless the contrary intention appears) as applying those provisions as amended from time to time.

Award of costs against third parties

93

After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—

(19B) (1) The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal to make a third party costs order if the condition in subsection (3) is satisfied. (2) A “third party costs order” is an order as to the payment of costs incurred by a party to criminal proceedings by a person who is not a party to those proceedings (“the third party”). (3) The condition is that— (a) there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and (b) the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him. (4) Regulations made under this section may, in particular— (a) specify types of misconduct in respect of which a third party costs order may not be made; (b) allow the making of a third party costs order at any time; (c) make provision for any other order as to costs which has been made in respect of the proceedings to be varied on, or taken account of in, the making of a third party costs order; (d) make provision for account to be taken of any third party costs order in the making of any other order as to costs in respect of the proceedings. (5) Regulations made under this section in relation to magistrates' courts must provide that the third party may appeal to the Crown Court against a third party costs order made by a magistrates' court. (6) Regulations made under this section in relation to the Crown Court must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.

Award of costs in appeals under Proceeds of Crime Act 2002

94

• (1) Amend the Proceeds of Crime Act 2002 (c. 29) as follows.

• (2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—

(4) Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under— (a) section 43(1) or (2) (appeals against orders made in restraint proceedings), or (b) section 65 (appeals against, or relating to, the making of receivership orders), are in the discretion of the court. (5) Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives. (6) The court shall have full power to determine by whom and to what extent the costs are to be paid. (7) In any proceedings mentioned in subsection (4), the court may— (a) disallow, or (b) (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91. (8) In subsection (7) “wasted costs” means any costs incurred by a party— (a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or (b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay. (9) “Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf.

• (3) Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.

• (4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “ or (as the case may be) Criminal Appeal Rules ”.

Fines

Fixing of fines: failure to furnish statement of financial circumstances

95

• (1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.

• (2) After subsection (1) insert—

(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (3) In subsection (2)(b), after “may impose” insert “ and how it should be paid ”.

• (4) In section 128(5) of the 2000 Act (fixing of fines: power of court to make determination of financial circumstances where offender has failed to co-operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—

(zi) has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statements as to financial circumstances),

.

• (5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Recovery of fines etc. by deductions from income support: failure to provide information

96

• (1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.

• (2) In subsection (2), after paragraph (a) insert—

(aa) provision that the court may require the offender to provide prescribed information in connection with an application;

.

• (3) After subsection (2) insert—

(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence. (2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he— (a) makes a statement which he knows to be false in a material particular, (b) recklessly provides a statement which is false in a material particular, or (c) knowingly fails to disclose any material fact. (2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Collection of fines and discharge of fines by unpaid work

97

• (1) Schedule 5 contains provisions about the collection of fines.

• (2) Schedule 6 contains provisions about the discharge of fines by means of unpaid work.

• (3) Subsections (4) to (9) apply in relation to each of those Schedules.

• (4) The Schedule is to have effect only in accordance with—

• (a) subsections (5) and (6) (pilot schemes), or

• (b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).

• (5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.

• (6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.

• (7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—

• (a) in all local justice areas, and

• (b) indefinitely.

• (8) “The relevant period” means—

• (a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;

• (b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.

• (9) An order under subsection (7) may make such amendments of—

• (a) the Schedule, and

• (b) any other enactments,

as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).

Register of judgments etc. and execution of writs

Register of judgments and orders etc.

98

• (1) A register is to be kept, in accordance with regulations, of—

• (a) judgments entered in the High Court;

• (b) judgments entered in the county court;

• (c) administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county court to make administration orders);

• (d) orders restricting enforcement made under section 112A of that Act (power of county court to restrict enforcement of debts in lieu of administration order);

• (e) sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.

• (f) a decision or award of—

• (i) the First-tier Tribunal,

• (ii) the Upper Tribunal,

• (iii) an employment tribunal, or

• (iv) the Employment Appeal Tribunal,

in pursuance of which any sum is payable.

• (2) “Regulations” means regulations made by the Lord Chancellor for the purposes of this section.

• (3) The regulations may—

• (a) provide for prescribed classes of judgments, orders, decisions, awards or adjudged sums to be exempt from registration;

• (b) prescribe circumstances in which judgments, orders, decisions, awards or adjudged sums (or classes of them) are to be exempt from registration;

• (c) prescribe circumstances in which an entry in the register is to be cancelled;

• (d) in the case of sums adjudged to be paid by conviction of a magistrates' court or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f), provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.

• (4) The Lord Chancellor may fix charges to be made for—

• (a) making information in an entry in the register available for inspection;

• (b) carrying out an official search of the register;

• (c) supplying a certified copy of information in an entry in the register.

• (5) The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.

• (6) If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.

• (7) If, under subsection (6), the register is kept by a body corporate—

• (a) the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,

• (b) subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and

• (c) subsection (5) does not apply.

• (8) If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.

High Court writs of execution

99

• (1) Schedule 7 contains provisions about High Court writs of execution and about warrants issued in connection with the compulsory acquisition of land .

• (2) Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.

Damages

Periodical payments

100

• (1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) substitute—

(2) (1) A court awarding damages for future pecuniary loss in respect of personal injury— (a) may order that the damages are wholly or partly to take the form of periodical payments, and (b) shall consider whether to make that order. (2) A court awarding other damages in respect of personal injury may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments. (3) A court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure. (4) For the purpose of subsection (3) the continuity of payment under an order is reasonably secure if— (a) it is protected by a guarantee given under section 6 of or the Schedule to this Act, (b) it is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or (c) the source of payment is a government or health service body. (5) An order for periodical payments may include provision— (a) requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure by virtue of subsection (4); (b) about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure by virtue of subsection (4); (c) requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure by virtue of subsection (4); (d) enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c). (6) Where a person has a right to receive payments under an order for periodical payments, or where an arrangement is entered into in satisfaction of an order which gives a person a right to receive periodical payments, that person’s right under the order or arrangement may not be assigned or charged without the approval of the court which made the order; and— (a) a court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary, and (b) a purported assignment or charge, or agreement to assign or charge, is void unless approved by the court. (7) Where an order is made for periodical payments, an alteration of the method by which the payments are made shall be treated as a breach of the order (whether or not the method was specified under subsection (5)(b)) unless— (a) the court which made the order declares its satisfaction that the continuity of payment under the new method is reasonably secure, (b) the new method is protected by a guarantee given under section 6 of or the Schedule to this Act, (c) the new method is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or (d) the source of payment under the new method is a government or health service body. (8) An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to the retail prices index (within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988) at such times, and in such a manner, as may be determined by or in accordance with Civil Procedure Rules. (9) But an order for periodical payments may include provision— (a) disapplying subsection (8), or (b) modifying the effect of subsection (8). (2A) (1) Civil Procedure Rules may require a court to take specified matters into account in considering— (a) whether to order periodical payments; (b) the security of the continuity of payment; (c) whether to approve an assignment or charge. (2) For the purposes of section 2(4)(c) and (7)(d) “government or health service body” means a body designated as a government body or a health service body by order made by the Lord Chancellor. (3) An order under subsection (2)— (a) shall be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament. (4) Section 2(6) is without prejudice to a person’s power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000. (5) In section 2 “damages” includes an interim payment which a court orders a defendant to make to a claimant. (6) In the application of this section to Northern Ireland— (a) a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and (b) a reference to a claimant shall be taken as a reference to a plaintiff. (7) Section 2 is without prejudice to any power exercisable apart from that section. (2B) (1) The Lord Chancellor may by order enable a court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 2(5)(d)). (2) The Lord Chancellor may by order enable a court in specified circumstances to vary the terms on which a claim or action for damages for personal injury is settled by agreement between the parties if the agreement— (a) provides for periodical payments, and (b) expressly permits a party to apply to a court for variation in those circumstances. (3) An order under this section may make provision— (a) which operates wholly or partly by reference to a condition or other term of the court’s order or of the agreement; (b) about the nature of an order which may be made by a court on a variation; (c) about the matters to be taken into account on considering variation; (d) of a kind that could be made by Civil Procedure Rules or, in relation to Northern Ireland, rules of court (and which may be expressed to be with or without prejudice to the power to make those rules). (4) An order under this section may apply (with or without modification) or amend an enactment about provisional or further damages. (5) An order under this section shall be subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation between High Court and county courts). (6) An order under this section— (a) shall be made by statutory instrument, (b) may not be made unless the Lord Chancellor has consulted such persons as he thinks appropriate, (c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and (d) may include transitional, consequential or incidental provision. (7) In subsection (4)— - “provisional damages” means damages awarded by virtue of subsection (2)(a) of section 32A of the Supreme Court Act 1981 or section 51 of the County Courts Act 1984 (or, in relation to Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the Administration of Justice Act 1982), and - “further damages” means damages awarded by virtue of subsection (2)(b) of either of those sections (or, in relation to Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the Administration of Justice Act 1982).

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In this section—

• (a) subsection (1) shall extend only to England and Wales and Northern Ireland, and

• (b) the remainder shall extend to the whole of the United Kingdom.

Periodical payments: security

101

• (1) For sections 4 and 5 of the Damages Act 1996 (c. 48) (enhanced protection for structured settlement annuitant) substitute—

(4) (1) Subsection (2) applies where— (a) a person has a right to receive periodical payments, and (b) his right is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation), but only as to part of the payments. (2) The protection provided by the scheme shall extend by virtue of this section to the whole of the payments. (3) Subsection (4) applies where— (a) one person (“the claimant”) has a right to receive periodical payments from another person (“the defendant”), (b) a third person (“the insurer”) is required by or in pursuance of an arrangement entered into with the defendant (whether or not together with other persons and whether before or after the creation of the claimant’s right) to make payments in satisfaction of the claimant’s right or for the purpose of enabling it to be satisfied, and (c) the claimant’s right to receive the payments would be wholly or partly protected by a scheme under section 213 of the Financial Services and Markets Act 2000 if it arose from an arrangement of the same kind as that mentioned in paragraph (b) but made between the claimant and the insurer. (4) For the purposes of the scheme under section 213 of that Act— (a) the claimant shall be treated as having a right to receive the payments from the insurer under an arrangement of the same kind as that mentioned in subsection (3)(b), (b) the protection under the scheme in respect of those payments shall extend by virtue of this section to the whole of the payments, and (c) no person other than the claimant shall be entitled to protection under the scheme in respect of the payments. (5) In this section “periodical payments” means periodical payments made pursuant to— (a) an order of a court in so far as it is made in reliance on section 2 above (including an order as varied), or (b) an agreement in so far as it settles a claim or action for damages in respect of personal injury (including an agreement as varied). (6) In subsection (5)(b) the reference to an agreement in so far as it settles a claim or action for damages in respect of personal injury includes a reference to an undertaking given by the Motor Insurers' Bureau (being the company of that name incorporated on 14th June 1946 under the Companies Act 1929), or an Article 75 insurer under the Bureau’s Articles of Association, in relation to a claim or action in respect of personal injury.

• (2) In section 6(1) of the Damages Act 1996 (c. 48) (guarantee for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 above except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.

• (3) In paragraph 1(a) of the Schedule to that Act (guarantee by Northern Ireland Department for public sector settlement) for the words “on terms corresponding to those of a structured settlement as defined in section 5 of this Act except that the person to whom the payments are to be made is not to receive them as mentioned in subsection (1)(b) of that section” substitute “ on terms whereby the damages are to consist wholly or partly of periodical payments ”.

• (4) Where an individual who has a right to receive periodical payments becomes bankrupt—

• (a) the payments shall be treated for the purposes of the bankruptcy as income of the bankrupt (but without prejudice to section 731 of the Income Tax (Trading and Other Income) Act 2005(c. 1)),

• (b) neither the right to receive periodical payments, nor any property or arrangement designed to protect continuity of the periodical payments, shall form part of the bankrupt’s estate for the purposes of the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

• (c) an income payments order may not be made in respect of any part of the periodical payments identified (in the order or agreement under which the payments are made) as relating wholly to expenditure likely to be incurred by or for the individual as a result of the personal injury concerned,

• (d) nothing in section 2 of the Damages Act 1996 (c. 48) shall prevent a court from making an income payments order (subject to paragraph (c)), and

• (e) nothing in section 2 of that Act shall prevent entry into an income payments agreement.

• (5) In subsection (4)—

• “bankrupt” has the meaning given by section 381 of the Insolvency Act 1986 or Article 9 of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)),

• “income payments agreement” means an agreement under section 310A of that Act or equivalent legislation for Northern Ireland,

• “income payments order” means an order under section 310 of that Act or equivalent legislation for Northern Ireland, and

• “periodical payments” means periodical payments awarded or agreed, or in so far as awarded or agreed, as damages for future pecuniary loss by—an order of a court made in reliance on section 2 of the Damages Act 1996 (including an order as varied), oran agreement settling a claim or action for damages in respect of personal injury (including an agreement as varied).

• (6) In this section—

• (a) subsections (1) to (3) shall extend to the whole of the United Kingdom, and

• (b) subsections (4) and (5) shall extend only to England and Wales and Northern Ireland.

Provisions relating to Northern Ireland

Power to alter judicial titles: Northern Ireland

102

• (1) The Lord Chancellor may by order—

• (a) alter the name of any of the offices of the Court of Judicature of Northern Ireland or of the county courts or magistrates' courts in Northern Ireland which are listed in subsection (2);

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

• (2) The offices are—

• County court judge

• Deputy judge of the county court

• Deputy resident magistrate

• District Judge

• Judge of the Court of Appeal

• Lord Chief Justice

• Master (Bankruptcy)

• Master (Care and Protection)

• Master (Chancery)

• Master (Enforcement of Judgments)

• Master (High Court)

• Master (Probate and Matrimonial)

• Master (Queen’s Bench and Appeals)

• Master (Taxing Office)

• Presiding judge for the county courts

• Presiding resident magistrate

• Puisne judge of the High Court.

• Resident magistrate

• (3) The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 74(1) of the 1978 Act are to be styled.

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

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

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

• (6A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.

• (6B) The Lord Chief Justice may nominate any of the following to exercise his functions under subsection (6A)—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (7) The power to make an order under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (8) An order under this section is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (9) “The 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23).

Official Solicitor of Northern Ireland

103

• (1) In Schedule 3 to the 1978 Act (statutory offices) the entry relating to the Official Solicitor ceases to have effect.

• (2) Amend section 75 of the 1978 Act (Official Solicitor) as follows.

• (3) For subsection (1) substitute—

(1) The Lord Chancellor, after consultation with the Lord Chief Justice, may appoint as Official Solicitor to the Supreme Court a person who is— (a) a solicitor of the Supreme Court of at least 7 years' standing, or (b) a member of the Bar of Northern Ireland of at least 7 years' standing.

• (4) After subsection (5) insert—

(6) The Official Solicitor shall hold and vacate office in accordance with the terms of his appointment (which may include provision about retirement, dismissal or resignation). (7) The Lord Chancellor may pay to the Official Solicitor such remuneration and allowances as the Lord Chancellor may determine with the consent of the Treasury. (8) Service as the Official Solicitor is employment in the civil service of the State for the purposes of section 1 of the Superannuation Act 1972 (Principal Civil Service Pension Scheme). (9) While the office of Official Solicitor is vacant or the Official Solicitor is unable or unwilling to act, the Lord Chancellor may, after consultation with the Lord Chief Justice, appoint a person as temporary Official Solicitor; and the temporary Official Solicitor— (a) may be appointed only if qualified for appointment as Official Solicitor, (b) shall have all the powers and duties of the Official Solicitor, and (c) may be paid remuneration and allowances by the Lord Chancellor with the consent of the Treasury.

• (5) In section 68 of the 1978 Act (Senior Courts: departments)—

• (a) in subsection (2)(b) for “statutory officer” substitute “ officer ”, and

• (b) for subsection (4) substitute—

(4) The officer supervising a department shall discharge his functions in accordance with directions given by the Lord Chancellor.

• (6) In section 73 of the 1978 Act (restrictions on practice) subsection (2) (and the words “Subject to subsection (2),”) cease to have effect.

• (7) In section 76 of the 1978 Act (property) paragraph (c) (which referred to the Official Solicitor and which ceased to have effect by virtue of the Supreme Court (Departments and Officers) (Northern Ireland) Order 1982 (S.R. 1982/ 300)) shall again have effect.

• (8) Nothing in this section has any effect in relation to the person who on the commencement of this section holds the office in Northern Ireland of Official Solicitor to the Court of Judicature.

Alteration of place fixed for Crown Court trial: Northern Ireland

104

An application under section 48(3) of the 1978 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court; and accordingly section 48(4) of the 1978 Act ceases to have effect.

Extension of time for criminal appeals to House of Lords: Northern Ireland

105

• (1) Amend paragraph 1 of Schedule 1 to the 1978 Act (applications for leave to appeal to House of Lords in certain criminal matters) as follows.

• (2) In sub-paragraph (1)—

• (a) for “fourteen” (in both places) substitute “ 28 ”, and

• (b) for “date of the decision of that court” substitute “ relevant date ”.

• (3) After sub-paragraph (1) insert—

(1A) In sub-paragraph (1), “the relevant date” means— (a) the date of the decision of the court below, or (b) if later, the date on which that court gives reasons for its decision.

• (4) Amend section 32 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) (applications for leave to appeal to the House of Lords) as follows.

• (5) In subsection (1)—

• (a) for “fourteen” (in both places) substitute “ 28 ”, and

• (b) for “date of the decision of the Court” substitute “ relevant date ”.

• (6) After subsection (1) insert—

(1A) In subsection (1), “the relevant date” means— (a) the date of the Court of Appeal’s decision, or (b) if later, the date on which the Court gives reasons for its decision.

Fees: Northern Ireland

106

In section 116 of the 1978 Act (fees) after subsection (1) insert—

(1A) Without prejudice to the generality of subsection (1), an order under that subsection may make provision for exemptions from fees and remission of fees (in whole or in part).

Part 9 — Final provisions

Interpretation

107

• (1) In this Act—

• “the 1933 Act” means the Children and Young Persons Act 1933 (c. 12);

• “the 1968 Act” means the Criminal Appeal Act 1968 (c. 19);

• “the 1978 Act” means the Judicature (Northern Ireland) Act 1978 (c. 23);

• “the 1980 Act” means the Magistrates' Courts Act 1980 (c. 43);

• “the 1981 Act” means the Senior Courts Act 1981(c. 54);

• “the 1990 Act” means the Courts and Legal Services Act 1990 (c. 41);

• “the 1997 Act” means the Civil Procedure Act 1997 (c. 12).

• (2) In this Act the following have the meaning given by section 71 of the 1990 Act—

• “5 year magistrates' court qualification”;

• “7 year general qualification”;

• “Senior Courts qualification”.

• (3) In this Act “criminal court” has the meaning given by section 68.

• (4) In this Act “judge”, except where the context otherwise requires, means a person holding an office listed in subsection (2) of section 64 (power to alter judicial titles).

• (5) In this Act “lay justice” has the meaning given by section 9.

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

• (7) In this Act “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

• (8) In this Act “enactment” includes subordinate legislation and, except where otherwise provided, any reference to an enactment is to an enactment whenever passed or made; and “subordinate legislation” here has the same meaning as in the Interpretation Act 1978 (c. 30).

• (9) In sections 102(6) and 109(5)(b) “enactment” also includes Northern Ireland legislation (whenever passed or made); and “Northern Ireland legislation” here has the same meaning as in the Interpretation Act 1978.

Rules, regulations and orders

108

• (1) Any power of the Lord Chancellor or Lord Chief Justice to make rules, regulations or orders under this Act is exercisable by statutory instrument.

• (2) None of the orders and regulations mentioned in subsection (3) may be made unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.

• (3) The orders and regulations are—

• (a) the first order to be made under section 4 (areas of courts boards);

• (b) regulations under section 34(5) or 67F(4) (costs in legal proceedings);

• (c) an order under—

• (i) section 73 or 80 (powers to amend enactments in connection with Criminal Procedure Rules and Family Procedure Rules), or

• (ii) section 109 (power to make consequential provision etc.),

which contains any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act;

• (ca) regulations under section 85A(8) (provision about directions for remote observation of court and tribunal proceedings);

• (d) an order under section 97(7) to (9) (power to make permanent provision about collection of fines and discharge of fines by unpaid work);

• (e) regulations under Schedule 1;

• (f) regulations under Schedule 6 relating to the prescribed hourly sum.

• (4) A statutory instrument containing—

• (a) the first order to be made under section 8 (local justice areas), or

• (b) regulations under section 40 (payments, accounting and banking by designated officers),

is to be laid before Parliament after being made.

• (5) Any other statutory instrument, apart from one containing an order under section 110 (commencement), is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Any power of the Lord Chancellor or Lord Chief Justice to make rules, regulations or orders under this Act includes power to make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

which he considers necessary or expedient.

• (7) Nothing in this section applies to—

• (a) rules made under Part 7 (Criminal Procedure and Family Procedure Rules), or

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

Minor and consequential amendments, repeals, etc.

109

• (1) Schedule 8 contains minor and consequential amendments.

• (2) Schedule 9 contains transitional provisions and savings.

• (3) Schedule 10 contains repeals.

• (4) The Lord Chancellor may by order make—

• (a) any supplementary, incidental or consequential provision, and

• (b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

• (4A) The following paragraphs apply to the making of provision that relates to England and Wales in an order under subsection (4)—

• (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of England and Wales;

• (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of England and Wales.

• (4B) The following paragraphs apply to the making of provision that relates to Northern Ireland in an order under subsection (4)—

• (a) before deciding what provision it is necessary or expedient to make, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland;

• (b) before making the order, the Lord Chancellor must consult the Lord Chief Justice of Northern Ireland.

• (5) An order under subsection (4) may, in particular—

• (a) provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

• (b) amend, repeal or revoke any enactment other than one contained in an Act passed in a Session after that in which this Act is passed.

• (6) The amendments that may be made under subsection (5)(b) are in addition to those made by or under any other provision of this Act.

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

• (8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this section—

• (a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

• (b) a Lord Justice of Appeal (as defined in section 88 of that Act).

• (9) Any order made by the Department of Justice in Northern Ireland under subsection (4) shall be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (10) No order containing any provision (whether alone or with other provisions) amending or repealing any Act or provision of an Act may be made by the Department of Justice in Northern Ireland under subsection (4) unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (11) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (10) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

• (12) Any other order made by the Department of Justice under subsection (4) is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Commencement

110

• (1) Subject to subsection (2), this Act comes into force in accordance with provision made by order by the Lord Chancellor.

• (2) Subsection (1) does not apply to section 42, 94, 107, 108, 109(4) to (6), this section or section 111 or 112.

• (3) An order under this section may appoint different days for different provisions and different purposes.

Extent

111

• (1) Subject to subsections (2) and (3) and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5) and Article 1(3) of the Collection of Fines etc. (Northern Ireland Consequential Amendments) Order 2016 (extent of Part 3B of Schedule 5), this Act extends only to England and Wales.

• (2) Subsection (1) does not apply to section 59(3), 90, 91, 100, 101, 102, 103, 104, 105, 106 or 109.

• (3) Subject to any provision made in Schedule 8, the amendments and repeals made by Schedules 4, 8 and 10 have the same extent as the enactments to which they relate.

Short title

112

This Act may be cited as the Courts Act 2003.

SCHEDULE 1

Constitution

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Chairman

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Tenure of office

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Payments in respect of expenses, etc.

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Procedure

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Interpretation

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SCHEDULE 2

Part 1 — Property transfer schemes

Property transfer schemes: general

1

• (1) The Lord Chancellor may make a scheme or schemes for the transfer to him or another Minister of the Crown of any property, rights or liabilities—

• (a) to which magistrates' courts committees are entitled or subject immediately before the appointed day, or

• (b) to which any of the persons specified in sub-paragraph (2) is entitled or subject immediately before the appointed day and which then subsist for the purposes of, or in connection with, or are otherwise attributable to, magistrates' courts.

• (2) The persons are—

• (a) an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;

• (b) the Receiver for the Metropolitan Police District;

• (c) the council of an outer London borough;

• (d) the Common Council of the City of London;

• (e) a police authority established under section 3 of the Police Act 1996;

• (f) a local probation board;

• (g) any other body which acts under any enactment or instrument for public purposes and not for its own profit.

• (3) Without prejudice to the generality of paragraph (b) of sub-paragraph (1), any property, rights or liabilities are to be treated as falling within that paragraph if the Lord Chancellor issues a certificate to that effect.

• (4) In this Schedule “property transfer scheme” means a scheme under sub-paragraph (1).

• (5) In this Part of this Schedule “the appointed day” means—

• (a) in the case of the transfer of property, rights or liabilities to which magistrates' courts committees are entitled or subject, the day immediately before the abolition day;

• (b) in any other case, the day specified in the scheme.

• (6) On the day which is the appointed day in relation to property, rights or liabilities to which provisions of a property transfer scheme apply, the property, rights and liabilities are transferred and vest in accordance with those provisions.

• (7) In this Schedule “the abolition day” means the day appointed under section 110(1) for the coming into force of section 6(1) (abolition of magistrates' courts committees).

Property transfer schemes and terminated contracts of employment

2

A property transfer scheme may not transfer rights or liabilities under a contract of employment, except where the rights or liabilities—

• (a) are those to which a magistrates' courts committee is entitled or subject, and

• (b) relate to a person whose contract of employment was terminated before the appointed day.

Property transfer schemes: supplementary

3

• (1) A property transfer scheme may provide for the creation of rights, or the imposition of liabilities, in relation to property transferred by the scheme.

• (2) A property transfer scheme may provide for the apportionment or division of any property, rights or liabilities.

• (3) A property transfer scheme may—

• (a) specify property, rights or liabilities to be transferred under or in accordance with the scheme, or

• (b) provide for property, rights or liabilities to be transferred to be determined in accordance with the scheme.

4

• (1) A property transfer scheme has effect in relation to the property, rights and liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of any of the property, rights and liabilities.

• (2) A right of pre-emption, right of reverter or other similar right is not to operate or become exercisable as a result of a transfer under a property transfer scheme.

• (3) In the case of such a transfer, any such right has effect as if the transferee were the same person in law as the transferor and as if the transfer had not taken place.

5

• (1) Such compensation as is just is to be paid to a third party in respect of any right which would, apart from paragraph 4, have operated in favour of, or become exercisable by, him but which, in consequence of the operation of that paragraph, cannot subsequently operate in his favour or become exercisable by him.

• (2) Any compensation payable by virtue of sub-paragraph (1) is to be paid by the transferor, by the transferee or by both.

• (3) A property transfer scheme may provide for the determination of any disputes as to—

• (a) whether, and (if so) how much, compensation is payable by virtue of sub-paragraph (1), and

• (b) the person to whom or by whom it is to be paid.

• (4) “Third party” means a person other than the transferor or the transferee.

6

Paragraphs 4 and 5 apply in relation to the creation of rights in relation to property as they apply in relation to a transfer of property; and references to the transferor and the transferee are to be read accordingly.

7

A certificate issued by the Lord Chancellor that any property, rights or liabilities have, or have not, been transferred under or in accordance with a property transfer scheme is conclusive evidence of the transfer, or of the fact that there has not been a transfer.

Stamp duty

8

• (1) Stamp duty is not chargeable in respect of a transfer or grant effected under or in accordance with a property transfer scheme.

• (2) No instrument made or executed for the purposes of such a transfer or grant is to be treated as duly stamped unless—

• (a) it has, in accordance with section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with that duty or that it is duly stamped, or

• (b) it is stamped with the duty to which it would be liable, apart from this paragraph.

Supplementary provisions in property transfer scheme

9

A property transfer scheme may make such supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by the scheme as the Lord Chancellor considers appropriate.

Part 2 — Staff transfers

Interpretation

10

In this Part of this Schedule—

• (a) “TUPE” means the Transfer of Undertakings (Protection of Employment) Regulations 1981 (S.I. 1981/1794),

• (b) “the appointed day” means the day immediately before the abolition day,

• (c) references to a responsible authority are to an authority which is a responsible authority under the Justices of the Peace Act 1997,

• (d) references to a responsible authority’s relevant functions are to its functions under that Act, and

• (e) references to a transferred employee are to an employee transferred to the Lord Chancellor’s employment by virtue of paragraph 11 or 12.

Application of TUPE

11

For the purposes of TUPE—

• (a) the functions of each magistrates' courts committee are to be treated as transferred on the appointed day from the committee to the Lord Chancellor, and

• (b) each such transfer is to be treated as the transfer of an undertaking.

12

• (1) For the purposes of TUPE—

• (a) the relevant functions of each responsible authority are to be treated as transferred on the appointed day from the authority to the Lord Chancellor,

• (b) each such transfer is to be treated as the transfer of an undertaking, and

• (c) each person falling within sub-paragraph (2) (but no other person) is to be treated as employed in the undertaking immediately before the appointed day.

• (2) A person falls within this sub-paragraph if—

• (a) immediately before the appointed day he is employed by the responsible authority under a contract of employment,

• (b) he spends a substantial part of his time on duties connected with the relevant functions of the authority, and

• (c) the Lord Chancellor certifies that in his opinion it is expedient that the person be transferred to the Lord Chancellor’s employment.

• (3) Where TUPE applies by virtue of this paragraph, it applies as if regulation 5(4B) were omitted.

13

A reference in any enactment to a person appointed under section 2(1) includes a transferred employee.

Restrictions on employment of aliens not to apply to transferred employees

14

Nothing in—

• (a) section 3 of the Act of Settlement,

• (b) section 6 of the Aliens Restriction (Amendment) Act 1919, or

• (c) any rules prescribing requirements as to nationality which must be satisfied in the case of persons employed in a civil capacity under the Crown,

applies to the employment of a transferred employee by the Lord Chancellor following his transfer by virtue of paragraph 11 or 12.

Compensation for responsible authorities

15

The Lord Chancellor may, to the extent he thinks fit, compensate a responsible authority in respect of costs incurred by the authority as a result of this Act in respect of a person who—

• (a) immediately before the appointed day is employed by the authority under a contract of employment, and

• (b) spends part of his time on duties connected with the relevant functions of the authority,

but who is not transferred to the Lord Chancellor’s employment by virtue of paragraph 12.

Part 3 — Miscellaneous and supplementary

Continuing provision of court-houses, accommodation etc.

16

• (1) The Lord Chancellor may by regulations provide that any petty sessional court-house or other accommodation specified in the regulations which immediately before the abolition day was being provided by—

• (a) the council of an outer London borough, or

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

pursuant to regulations made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999 shall on and after that day be provided by that council to the Lord Chancellor for the performance of his functions under section 3.

• (2) Regulations under sub-paragraph (1) may—

• (a) prescribe terms and conditions, including conditions as to payment, on which any court-house or other accommodation is to be provided, and

• (b) prohibit a council providing a court-house or other accommodation under sub-paragraph (1) from altering or extending it without the consent of the Lord Chancellor.

Assistance

17

It is the duty of each magistrates' courts committee, and each person falling within paragraph 1(2) to provide the Lord Chancellor with such information or assistance as he may reasonably require for the purposes of, or in connection with—

• (a) the exercise of any powers exercisable by him in relation to a property transfer scheme, or

• (b) Part 2 of this Schedule.

SCHEDULE 3

After section 8 of the 1980 Act, insert—

SCHEDULE 4

Criminal Justice Act 1967 (c. 80)

1

In section 9(5) (requirement for author of written statement to give evidence in person), for “by a puisne judge of the High Court, a Circuit judge or Recorder sitting alone” substitute

by any of the following sitting alone— (a) a puisne judge of the High Court; (b) a Circuit judge; (c) a District Judge (Magistrates' Courts); (d) a Recorder.

Taxes Management Act 1970 (c. 9)

2

In—

• (a) section 20D(1)(a) (meaning of “the appropriate judicial authority” in relation to England and Wales), and

• (b) paragraph 9(2)(a) of Schedule 1AA (sanction for failure to comply with order under section 20BA),

after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Juries Act 1974 (c. 23)

3

In section 9B, for subsection (3) (meaning of “the judge” for purposes of discharge of person incapable of acting effectively as juror) substitute—

(3) In this section and section 10 “the judge” means— (a) a judge of the High Court, (b) a Circuit judge, (c) a District Judge (Magistrates' Courts), or (d) a Recorder.

4

In section 10 (discharge of summons in case of doubt as to capacity to act effectively as juror) omit “and for this purpose “the judge” means any judge of the High Court or any Circuit judge or Recorder”.

Police and Criminal Evidence Act 1984 (c. 60)

5

In section 9(2A) (application of enactments relating to execution of process in Scotland or Northern Ireland to processes issued by a Circuit judge under Schedule 1 to 1984 Act), for “circuit judge” substitute “ judge ”.

6

• (1) In Schedule 1 (applications for access to excluded or special procedure material) for “circuit judge”, in each place, substitute “ judge ”.

• (2) After paragraph 16 insert—

(17) In this Schedule “judge” means a Circuit judge or a District Judge (Magistrates' Courts).

Computer Misuse Act 1990 (c. 18)

7

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

Data Protection Act 1998 (c. 29)

8

In Schedule 9 (powers of entry and inspection) in paragraph 1(1) after “circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Terrorism Act 2000 (c. 11)

9

In Schedule 5 (terrorist investigations: information)—

• (a) in paragraphs 5(1) and (5), 6(1), 10(1), 11(1), 12(1) and (2) and 13(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”, and

• (b) in paragraphs 5(4)(a) and 7(1)(b), after “Circuit judge” insert “ or the District Judge (Magistrates' Courts) ”.

10

In Schedule 6 (financial information), in paragraph 3(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

11

In Schedule 6A (account monitoring orders), in paragraph 1(2)(a), for “a Circuit judge,” substitute “ a Circuit judge or a District Judge (Magistrates' Courts), ”.

Regulation of Investigatory Powers Act 2000 (c. 23)

12

In Schedule 2 (persons who have the appropriate permission), in paragraph 1(1)(a), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

Freedom of Information Act 2000 (c. 36)

13

In Schedule 3 (powers of entry and inspection), in paragraph 1(1), after “Circuit judge” insert “ or a District Judge (Magistrates' Courts) ”.

International Criminal Court Act 2001 (c. 17)

14

In Schedule 5 (investigation of proceeds of ICC crime) in paragraphs 1(1) and 8 for “a Circuit judge or, in Northern Ireland, a county court judge” substitute

(a) a Circuit judge or a District Judge (Magistrates' Courts), or (b) in Northern Ireland, a county court judge,

.

Armed Forces Act 2001 (c. 19)

15

In section 6(2)(a) (applications for access to excluded or special procedure material), for “circuit judges” substitute “ judges ”.

SCHEDULE 5

Part 1 — Introductory

Application of Schedule

1

• (1) This Schedule, apart from Part 3B, applies if a person aged 18 or over (“P”) is liable to pay a sum which is or is treated for the purposes of Part 3 of the 1980 Act as a sum adjudged to be paid by a conviction of a magistrates' court.

• (2) Part 3B applies in a case where Chapter 1 of Part 1 of the Justice Act (Northern Ireland) 2016 (collection of fines etc.) applies.

• (2) A sum payable under a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) is not to be regarded as a sum within sub-paragraph (1); but this Schedule applies in relation to such sums as provided in paragraphs 10A, 21(2), 25(2), 29(2) and 37(1A).

• (3) For the purposes of this Schedule as it applies as mentioned in paragraph 1(2), “the fines officer” means any fines officer.

Meaning of “the sum due”

2

• (1) In this Schedule “the sum due” means the sum adjudged to be paid as mentioned in paragraph 1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty.

• (2) For the purposes of this Schedule—

• a “fine” does not include any pecuniary forfeiture or pecuniary compensation payable on conviction; and

• “a sum required to be paid by a compensation order” means any sum required to be paid by an order made under section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ; ...

• “a sum required to be paid by an unlawful profit order” means any sum required to be paid by an order made under section 4 of the Prevention of Social Housing Fraud Act 2013

• “a sum required to be paid by a slavery and trafficking reparation order” means any sum required to be paid by an order made under section 8 of the Modern Slavery Act 2015.

Meaning of “existing defaulter” etc.

3

• (1) For the purposes of this Schedule, P is an existing defaulter if it is shown that—

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

• (b) the sum due or any other sum is registered for enforcement against him as a fine under—

• (i) section 71 of the Road Traffic Offenders Act 1988,

• (ii) section 9 of the Criminal Justice and Police Act 2001, or

• (iii) any other enactment specified in fines collection regulations,

• (c) he is in default on a collection order in respect of another sum falling within paragraph 1(1),

• (d) he is in default in payment of another sum falling within paragraph 1(1) but in respect of which no collection order has been made , or

• (e) the person is in default on a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980).

• (2) For the purposes of this Schedule, P’s existing default can be disregarded only if he shows that there was an adequate reason for it.

• (3) Sub-paragraph (2) is subject to sub-paragraph (4).

• (4) Where a sum is registered for enforcement against P as mentioned in sub-paragraph (1)(b), P’s existing default is not one which can be disregarded for the purposes of the following provisions of this Schedule.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (7) “Collection order” means an order made under Part 4 of this Schedule.

Part 2 — Immediate payment of fines: discounts

Application of Part

4

This Part applies if the court which is imposing the liability to pay the sum due concludes—

• (a) that P should be required to pay the sum due immediately, and

• (b) that he is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

Court’s duty in relation to discount

5

The court must make an order—

• (a) stating its conclusions on the matters referred to in paragraph 4(b),

• (b) stating the amount of the sum due, the amount of the fine and the amount of any other part of the sum due, and

• (c) informing P of the effect of paragraph 6.

The discount

6

• (1) P is allowed a discount on the fine if the sum due, less the amount of the discount, is paid in accordance with the terms of the order.

• (2) The amount of the discount is to be determined in accordance with fines collection regulations, but must not be greater than 50% of the fine.

• (3) The discount is given effect by extinguishing P’s liability to pay the part of the sum due that is equal to the amount of the discount.

Part 3 — Attachment of earnings orders and applications for benefit deductions

Application of Part

7

• (1) This Part does not apply where the court is hearing P's case following an appeal under paragraph 23, 32 or , 37(9) or 37A(4).

• (2) In the following provisions of this Part, “the relevant court” means—

• (a) the court which is imposing the liability to pay the sum due, or

• (b) . . . the magistrates' court responsible for enforcing payment of the sum due.

• (3) For the purposes of this Schedule—

• (a) an attachment of earnings order, or

• (b) an application for benefit deductions,

is an order or application to secure the payment of the whole of the sum due.

Attachment of earnings order or application for benefit deductions without P’s consent

8

• (1) This paragraph applies if—

• (a) paragraph 7A does not apply, and

• (b) the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.

• (2) The court must make an attachment of earnings order if it appears to the court—

• (a) that P is in employment, and

• (b) that it is not impracticable or inappropriate to make the order.

• (3) The court must make an application for benefit deductions if it appears to the court—

• (a) that P is entitled to a relevant benefit, and

• (b) that it is not impracticable or inappropriate to make the application.

• (4) If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply, the court must make either an attachment of earnings order or an application for benefit deductions.

Attachment of earnings order or application for benefit deductions with P’s consent

9

• (1) This paragraph applies if—

• (a) paragraph 7A does not apply, and

• (b) the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.

• (2) The court may make—

• (a) an attachment of earnings order, or

• (b) an application for benefit deductions,

if P consents.

Meaning of “relevant benefit” and “application for benefit deductions”

10

In this Schedule—

• (a) “relevant benefit” means a benefit from which the Secretary of State may make deductions by virtue of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from universal credit and income support etc.), and

• (b) “application for benefit deductions”, in relation to a relevant benefit, means an application to the Secretary of State asking him to deduct sums from any amounts payable to P by way of the benefit.

Part 4 — Making of collection orders

Application of Part

11

• (1) This Part applies whether or not the relevant court has made an attachment of earnings order or an application for benefit deductions under Part 3 of this Schedule.

• (2) In this Part “the relevant court” has the same meaning as in Part 3 of this Schedule.

Court’s power to make a collection order

12

• (1) The relevant court must make an order (“a collection order”) relating to the payment of the sum due, unless it appears to the court that it is impracticable or inappropriate to make the order.

• (2) If P is subject to a collection order, the powers of any court to deal with P’s liability to pay the sum due are subject to the provisions of this Schedule and to fines collection regulations.

Contents of collection orders: general

13

• (1) The collection order must—

• (a) state the amount of the sum due,

• (aa) where that sum consists of or includes a fine, a sum required to be paid by a compensation order, a sum required to be paid by an unlawful profit order or a sum required to be paid by a slavery and trafficking reparation order, state—

• (i) the amount of the fine, the amount required to be paid by the compensation order , the amount required to be paid by the unlawful profit order or the amount required to be paid by the slavery and trafficking reparation order (or, where that sum consists of or includes two or more of those amounts, each of those amounts),

• (ii) the amount of any other part of the sum due,

• (b) state the court’s conclusions as to whether P is an existing defaulter and if so whether the existing default (or defaults) can be disregarded,

• (c) if the court has made an attachment of earnings order or an application for benefit deductions, state that fact,

• (d) specify the fines office to which the order is allocated, and