Courts and Tribunals (Judiciary and Functions of Staff) Act 2018

Judiciary

Deployment of judges

1

• (1) In section 94AA of the Constitutional Reform Act 2005 (appointments not subject to section 85: High Court deputy judge), in subsection (2)(a), after “Crown Court” insert “ or any other court or tribunal to which a deputy judge of the High Court may be deployed ”.

• (2) In section 6 of the Tribunals, Courts and Enforcement Act 2007 (certain judges who are also judges of the First-tier Tribunal and Upper Tribunal), in subsection (1)—

• (a) after paragraph (e) insert—

(ea) is a Recorder,

;

• (b) omit the “or” at the end of paragraph (h);

• (c) after paragraph (i) insert—

(j) is the President of Employment Tribunals (England and Wales), (k) is the President of Employment Tribunals (Scotland), (l) is the Vice President of Employment Tribunals (Scotland), or (m) is a Regional Employment Judge.

• (3) Accordingly, in section 6A of that Act (certain judges who are also judges of the First-tier Tribunal), omit paragraph (b).

• (4) In section 7 of the Tribunals, Courts and Enforcement Act 2007 (chambers of the First-tier Tribunal and Upper Tribunal: jurisdiction and Presidents)—

• (a) for subsection (3) substitute—

(3) A person may at a particular time— (a) preside over more than one chamber of the First-tier Tribunal; (b) preside over more than one chamber of the Upper Tribunal; (c) preside over— (i) one or more chambers of the First-tier Tribunal, and (ii) one or more chambers of the Upper Tribunal.

;

• (b) in subsections (6) and (7), for “subsections (2) and (3)” substitute “ subsection (2) ”.

• (5) In section 22(2A) of the Employment Tribunals Act 1996 (membership of Employment Appeal Tribunal)—

• (a) omit the “or” at the end of paragraph (i);

• (b) after paragraph (j) insert—

(k) is the President of Employment Tribunals (England and Wales), or (l) is the President of Employment Tribunals (Scotland).

• (6) In section 93 of the Arbitration Act 1996 (appointment of judges as arbitrators)—

• (a) in subsections (1) and (2), for “A judge of the Commercial Court” substitute “ An eligible High Court judge ”;

• (b) in subsection (4), for “a judge of the Commercial Court” substitute “ an eligible High Court judge ”;

• (c) after subsection (4) insert—

(4A) 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 this section.

;

• (d) in subsection (5)—

• (i) omit the “and” at the end of the definition of “arbitration agreement”;

• (ii) after that definition insert—

• “eligible High Court judge” means—
• a puisne judge of the High Court, or
• a person acting as a judge of the High Court under or by virtue of section 9(1) of the Senior Courts Act 1981;

.

• (7) In Schedule 2 to the Arbitration Act 1996 (modifications of Part 1 in relation to judge-arbitrators), in paragraph 1, for “a judge of the Commercial Court” substitute “ an eligible High Court judge ”.

Alteration of judicial titles

2

• (1) In section 89 of the Senior Courts Act 1981 (masters and registrars), in subsection (3C), in the first column of the table, for “Chief Bankruptcy Registrar” substitute “ Chief Insolvency and Companies Court Judge ”.

• (2) In Schedule 14 to the Constitutional Reform Act 2005 (the Judicial Appointments Commission: relevant offices and enactments), in Part 1 (appointments by Her Majesty), in the first column of table 2, for “Chief Bankruptcy Registrar” substitute “ Chief Insolvency and Companies Court Judge ”.

• (3) In section 64 of the Courts Act 2003 (power to alter judicial titles)—

• (a) in subsection (2), at the appropriate places insert the following entries— “ Chief Chancery Master ”; “ Chief Insolvency and Companies Court Judge ”; “ Chief Taxing Master ”; “ Senior District Judge of the Family Division ”; “ Senior Master of the Queen's Bench Division ”;

• (b) in subsection (3), for “91(1)(a)” substitute “ 91(1) ”.

Functions of staff

Authorised court and tribunal staff: legal advice and judicial functions

3

• (1) The Schedule provides for authorised court and tribunal staff—

• (a) to provide legal advice to judges of the family court and justices of the peace, and

• (b) to exercise judicial functions where procedure rules so provide.

• (2) The Secretary of State or Lord Chancellor may, by regulations made by statutory instrument, make consequential, transitional, transitory or saving provision in relation to the Schedule.

• (3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations under this section may make different provision for different purposes.

Final provisions

Short title, commencement and extent

4

• (1) This Act may be cited as the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.

• (2) Sections 1 and 2 come into force at the end of the period of two months beginning with the day on which this Act is passed.

• (3) Section 3 and the Schedule come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (4) Regulations under subsection (3) may—

• (a) appoint different days for different purposes;

• (b) appoint different days for different areas;

• (c) make transitional, transitory or saving provision.

• (5) This section comes into force on the day on which this Act is passed.

• (6) Any amendment, repeal or revocation made by this Act has the same extent as the enactment amended, repealed or revoked.

• (7) The rest of this Act extends to England and Wales, Scotland and Northern Ireland.

SCHEDULE

PART 1 — Courts

Criminal Justice Act 1972

1

In section 51 of the Criminal Justice Act 1972 (execution of process between England and Wales and Scotland), omit subsection (4).

Solicitors Act 1974

2

In section 3(1) of the Solicitors Act 1974 (admission as solicitor), omit the words from the beginning to “clerk),”.

Bail Act 1976

3

In section 8(4)(a) of the Bail Act 1976 (recognizance of surety), omit “, a justices' clerk”.

Magistrates’ Courts Act 1980

4

The Magistrates' Courts Act 1980 is amended as follows.

5

• (1) Section 12 (non-appearance of accused: plea of guilty) is amended as follows.

• (2) In subsection (7), omit “by the clerk of the court”.

• (3) In subsection (7ZA), at the end insert—

(c) specify the persons, or description of persons, who must— (i) read out the things mentioned in such of those paragraphs as apply, and (ii) give the account mentioned in subsection (7A).

• (4) In subsection (7A), omit “by the clerk of the court”.

6

In section 77(6)(a) (postponement of issue of warrant: reference of application to court), omit “clerk of the”.

7

In section 114 (recognizances and fees on case stated)—

• (a) for “justices' clerk” substitute “ designated officer for the court ”, and

• (b) omit “for the court”.

8

• (1) Section 125C (disclosure of information for enforcing warrants) is amended as follows.

• (2) In subsection (1), omit “(or to a justices' clerk who is specified in the application)”.

• (3) In subsection (3)(c) omit “justices' clerk or other”.

9

In section 125CB(1)(c) (use of information supplied under disclosure order), omit “justices' clerk or other”.

10

In section 144 (rules of procedure), for subsections (1) and (1ZA) substitute—

(1) The Lord Chief Justice may, with the concurrence of the Lord Chancellor, make rules for regulating and prescribing, except in relation to any criminal cause or matter, the procedure and practice to be followed— (a) in magistrates' courts, and (b) by designated officers for magistrates' courts.

Highways Act 1980

11

In section 116(9) of the Highways Act 1980 (power of magistrates' court to authorise stopping up or diversion of highway), for “justices' clerk” substitute “ designated officer for the court ”.

Matrimonial and Family Proceedings Act 1984

12

The Matrimonial and Family Proceedings Act 1984 is amended as follows.

13

In section 31C(2) (precedent in the family court), for “justices' clerk or an assistant to a justices' clerk,” substitute “ person authorised under section 67B(2) of the Courts Act 2003, ”.

14

For section 31O substitute—

(31O) (1) The Lord Chief Justice may authorise a person— (a) to give advice to judges of the family court about matters of law (including procedure and practice) on questions arising in connection with the discharge by them of functions conferred on them or the court, including questions arising when the person is not personally attending on them, and (b) to bring to the attention of judges of the family court, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising. (2) The Lord Chief Justice may authorise a person under subsection (1) only if the person— (a) is appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and (b) has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice. (3) An authorisation under subsection (1)— (a) may be subject to conditions, and (b) may be varied or revoked by the Lord Chief Justice at any time. (4) The Lord Chief Justice may give directions to a person authorised to exercise functions under subsection (1). (5) Apart from such directions, a person authorised to exercise functions under subsection (1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions. (6) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section— (a) a judicial office holder; (b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007. (7) A person nominated under subsection (6)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than— (a) the Lord Chief Justice, or (b) a judicial office holder nominated by the Lord Chief Justice, when exercising the functions. (8) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.

15

In section 31P (orders, regulations and rules), omit subsection (2).

Police and Criminal Evidence Act 1984

16

Omit section 47A of the Police and Criminal Evidence Act 1984 (early administrative hearings conducted by justices' clerks).

Criminal Justice Act 1991

17

In Schedule 3 to the Criminal Justice Act 1991 (reciprocal enforcement of certain orders), in paragraph 11(7)(b), for “clerk of” substitute “ designated officer for ”.

Criminal Procedure (Scotland) Act 1995

18

In Schedule 13 (transfer of community payback orders), in paragraph 5(4)(a), omit “the clerk of”.

Civil Procedure Act 1997

19

In Schedule 1 to the Civil Procedure Act 1997 (civil procedure rules), omit paragraph 2.

Crime and Disorder Act 1998

20

The Crime and Disorder Act 1998 is amended as follows.

21

In section 49 (powers of magistrates' courts exercisable by single justice), omit subsections (2) to (5).

22

In section 50 (early administrative hearings), in subsection (4), for the words from the beginning to “such a clerk” substitute “ Where the powers of a single justice are exercised by a person authorised under section 67B(2) of the Courts Act 2003, nothing in subsection (3)(b) above authorises the person ”.

23

In Schedule 3 (procedure where persons are sent for trial under section 51), in paragraph 6(9)(a), omit “the clerk of”.

Licensing Act 2003

24

In section 131 of the Licensing Act 2003 (court's duty to notify licensing authority of convictions), in subsection (5)(a), for “clerk of” substitute “ designated officer for ”.

Courts Act 2003

25

The Courts Act 2003 is amended as follows.

26

For sections 27 to 29 substitute—

(28) (1) The Lord Chief Justice may authorise a person— (a) to give advice to justices of the peace about matters of law (including procedure and practice) on questions arising in connection with the discharge of their functions, including questions arising when the person is not personally attending on them, and (b) to bring to the attention of justices of the peace, at any time when the person thinks appropriate, any point of law (including procedure and practice) that is or may be involved in any question so arising. (2) For the purposes of subsection (1), the functions of justices of the peace do not include functions as a judge of the family court or the Crown Court. (3) The Lord Chief Justice may authorise a person under subsection (1) only if the person— (a) is appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and (b) has such qualifications as may be prescribed by regulations made by the Lord Chancellor with the agreement of the Lord Chief Justice. (4) An authorisation under subsection (1)— (a) may be subject to conditions, and (b) may be varied or revoked by the Lord Chief Justice at any time. (5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section— (a) a judicial office holder; (b) a person appointed under section 2(1) of the Courts Act 2003 or section 40(1) of the Tribunals, Courts and Enforcement Act 2007. (6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than— (a) the Lord Chief Justice, or (b) a judicial office holder nominated by the Lord Chief Justice, when exercising the functions. (7) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005. (29) (1) The Lord Chief Justice may give directions to a person authorised to exercise functions under section 28(1). (2) Apart from such directions, a person authorised to exercise functions under section 28(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the functions. (3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)— (a) a judicial office holder; (b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007. (4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than— (a) the Lord Chief Justice, or (b) a judicial office holder nominated by the Lord Chief Justice, when exercising the functions. (5) In this section “judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005.

27

In section 31 (immunity for acts within jurisdiction), omit subsection (2).

28

In section 32 (immunity for certain acts beyond jurisdiction), omit subsection (2).

29

• (1) Section 34 (costs in legal proceedings) is amended as follows.

• (2) Omit subsection (2).

• (3) In subsection (3)—

• (a) for “subsections (1) and (2) do” substitute “ subsection (1) does ”, and

• (b) omit “, justices' clerk or assistant clerk”.

• (4) In subsection (4), for “or (2) from ordering a justice of the peace, justices' clerk or assistant clerk” substitute “ from ordering a justice of the peace ”.

• (5) In consequence of the preceding provisions of this paragraph, the Justices and Justices' Clerks (Costs) Regulations 2001 (S.I. 2001/1296) are revoked.

30

• (1) Section 35 (indemnity) is amended as follows.

• (2) In subsection (1), omit “, justices' clerk or assistant clerk” (in both places).

• (3) In subsection (3), omit “, justices' clerk or assistant clerk”.

• (4) In subsection (4), omit “, justices' clerk or assistant clerk”.

31

In section 37(2) (designated officers and magistrates' courts)—

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

• (b) omit paragraph (b).

32

After Part 6 insert—