Legalize / United Kingdom / Public General Act

Courts Act 2003

Type Public General Act

Publication 2003-11-20

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Maintaining the court system

The general duty

Removal of restriction on Circuit judges sitting on certain appeals

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(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

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(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

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(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

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Abolition of magistrates' courts committees

Abolition of magistrates' courts committees, etc.

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(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

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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

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(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.

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(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

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(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

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(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

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(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;

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