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

crossheading(judiciary)

Judiciary

s.1

Deployment of judges

s.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 ”.

s.1(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)—

s.1(2)(a)

after paragraph (e) insert—

s.1(2)(b)

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

s.1(2)(c)

after paragraph (i) insert—

s.1(3)

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

s.1(4)

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

s.1(4)(a)

for subsection (3) substitute—

s.1(4)(b)

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

s.1(5)

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

s.1(5)(a)

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

s.1(5)(b)

after paragraph (j) insert—

s.1(6)

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

s.1(6)(a)

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

s.1(6)(b)

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

s.1(6)(c)

after subsection (4) insert—

s.1(6)(d)

in subsection (5)—

s.1(6)(d)(i)

omit the “and” at the end of the definition of “arbitration agreement”;

s.1(6)(d)(ii)

after that definition insert—

s.1(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 ”.

s.2

Alteration of judicial titles

s.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 ”.

s.2(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 ”.

s.2(3)

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

s.2(3)(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 ”;

s.2(3)(b)

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

crossheading(functions)(of)(staff)

Functions of staff

s.3

Authorised court and tribunal staff: legal advice and judicial functions

s.3(1)

The Schedule provides for authorised court and tribunal staff—

s.3(1)(a)

to provide legal advice to judges of the family court and justices of the peace, and

s.3(1)(b)

to exercise judicial functions where procedure rules so provide.

s.3(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.

s.3(3)

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

s.3(4)

Regulations under this section may make different provision for different purposes.

crossheading(final)(provisions)

Final provisions

s.4

Short title, commencement and extent

s.4(1)

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

s.4(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.

s.4(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.

s.4(4)

Regulations under subsection (3) may—

s.4(4)(a)

appoint different days for different purposes;

s.4(4)(b)

appoint different days for different areas;

s.4(4)(c)

make transitional, transitory or saving provision.

s.4(5)

This section comes into force on the day on which this Act is passed.

s.4(6)

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

s.4(7)

The rest of this Act extends to England and Wales, Scotland and Northern Ireland.

Sch.

Authorised court and tribunal staff: legal advice and judicial functions

schedule/schedule(49)

Sch. Pt.1

Courts

Sch. Pt.1(crossheading)(criminal)(justice)(act)(1972)

Criminal Justice Act 1972

Sch. para.1

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

Sch. Pt.1(crossheading)(solicitors)(act)(1974)

Solicitors Act 1974

Sch. para.2

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

Sch. Pt.1(crossheading)(bail)(act)(1976)

Bail Act 1976

Sch. para.3

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

Sch. Pt.1(crossheading)(magistrates)(courts)(act)(1980)

Magistrates' Courts Act 1980

Sch. para.4

The Magistrates' Courts Act 1980 is amended as follows.

Sch. para.5

Sch. para.5(1)

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

Sch. para.5(2)

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

Sch. para.5(3)

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

Sch. para.5(4)

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

Sch. para.6

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

Sch. para.7

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

Sch. para.7(a)

for “justices' clerk” substitute “ designated officer for the court ”, and

Sch. para.7(b)

omit “for the court”.

Sch. para.8

Sch. para.8(1)

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

Sch. para.8(2)

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

Sch. para.8(3)

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

Sch. para.9

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

Sch. para.10

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

Sch. Pt.1(crossheading)(highways)(act)(1980)

Highways Act 1980

Sch. para.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 ”.

Sch. Pt.1(crossheading)(matrimonial)(and)(family)(proceedings)(act)(1984)

Matrimonial and Family Proceedings Act 1984

Sch. para.12

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

Sch. para.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, ”.

Sch. para.14

For section 31O substitute—

Sch. para.15

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

Sch. Pt.1(crossheading)(police)(and)(criminal)(evidence)(act)(1984)

Police and Criminal Evidence Act 1984

Sch. para.16

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

Sch. Pt.1(crossheading)(criminal)(justice)(act)(1991)

Criminal Justice Act 1991

Sch. para.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 ”.

Sch. Pt.1(crossheading)(criminal)(procedure)(scotland)(act)(1995)

Criminal Procedure (Scotland) Act 1995

Sch. para.18

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

Sch. Pt.1(crossheading)(civil)(procedure)(act)(1997)

Civil Procedure Act 1997

Sch. para.19

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

Sch. Pt.1(crossheading)(crime)(and)(disorder)(act)(1998)

Crime and Disorder Act 1998

Sch. para.20

The Crime and Disorder Act 1998 is amended as follows.

Sch. para.21

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

Sch. para.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 ”.

Sch. para.23

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

Sch. Pt.1(crossheading)(licensing)(act)(2003)

Licensing Act 2003

Sch. para.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 ”.

Sch. Pt.1(crossheading)(courts)(act)(2003)

Courts Act 2003

Sch. para.25

The Courts Act 2003 is amended as follows.

Sch. para.26

For sections 27 to 29 substitute—

Sch. para.27

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

Sch. para.28

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

Sch. para.29

Sch. para.29(1)

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

Sch. para.29(2)

Omit subsection (2).

Sch. para.29(3)

In subsection (3)—

Sch. para.29(3)(a)

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

Sch. para.29(3)(b)

omit “, justices' clerk or assistant clerk”.

Sch. para.29(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 ”.

Sch. para.29(5)

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

Sch. para.30

Sch. para.30(1)

Section 35 (indemnity) is amended as follows.

Sch. para.30(2)

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

Sch. para.30(3)

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

Sch. para.30(4)

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

Sch. para.31

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

Sch. para.31(a)

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

Sch. para.31(b)

omit paragraph (b).

Sch. para.32

After Part 6 insert—

Sch. para.33

Sch. para.33(1)

Section 70 (Criminal Procedure Rule Committee) is amended as follows.

Sch. para.33(2)

In subsection (2), for paragraph (f) substitute—

Sch. para.33(3)

After subsection (4) insert—

Sch. para.34

In section 76(2) (scope of Family Procedure Rules)—

Sch. para.34(a)

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

Sch. para.34(b)

omit paragraph (aa).

Sch. para.35

Sch. para.35(1)

Section 77 (membership of Family Procedure Rule Committee) is amended as follows.

Sch. para.35(2)

In subsection (2), for paragraph (g) substitute—

Sch. para.35(3)

After subsection (5) insert—

Sch. para.36

In section 108(3)(b) (orders and regulations subject to affirmative resolution procedure), after “34(5)” insert “ or 67F(4) ”.

Sch. Pt.1(crossheading)(criminal)(justice)(act)(2003)

Criminal Justice Act 2003

Sch. para.37

In section 305(1) of the Criminal Justice Act 2003 (interpretation of Part 12), in the definition of “the appropriate officer of the court”, for “clerk of” substitute “ designated officer for ”.

Sch. Pt.1(crossheading)(mental)(capacity)(act)(2005)

Mental Capacity Act 2005

Sch. para.38

In section 51(2) of the Mental Capacity Act 2005 (scope of Court of Protection Rules), omit paragraph (d).

Sch. Pt.2

Tribunals

Sch. Pt.2(crossheading)(tribunals)(courts)(and)(enforcement)(act)(2007)

Tribunals, Courts and Enforcement Act 2007

Sch. para.39

The Tribunals, Courts and Enforcement Act 2007 is amended as follows.

Sch. para.40

In section 8(2) (functions of Senior President of Tribunals excluded from general power to delegate), at the appropriate places insert—

Sch. para.41

After section 29 insert—

Sch. para.42

Sch. para.42(1)

Section 49 (orders and regulations under Part 1: supplemental and procedural provisions) is amended as follows.

Sch. para.42(2)

In subsection (5), for the words from the beginning to “containing it” substitute “ None of the orders or regulations mentioned in subsection (6) may be made unless a draft of the statutory instrument containing the order or regulations ”.

Sch. para.42(3)

In subsection (6)—

Sch. para.42(3)(a)

for “Those orders” substitute “ The orders and regulations ”, and

Sch. para.42(3)(b)

after paragraph (a) insert—

Sch. para.43

Schedule 5 (Tribunal Procedure Rules) is amended as follows.

Sch. para.44

Sch. para.44(1)

Paragraph 3 is amended as follows.

Sch. para.44(2)

In sub-paragraph (1), for “40(1)” substitute “ 2(1) of the Courts Act 2003 or section 40(1) of this Act ”.

Sch. para.44(3)

At the end insert—

Sch. para.45

After paragraph 28 insert—