Office of Public Sector Information
PART V continued
(4) The Lord Chancellor may by regulations made by statutory instrument make provision as to the making of payments under subsection (3) above, including provision—
(a) as to whether payments are to be made by instalments or otherwise;
(b) as to the time when payments are to be made;
(c) conferring a right to interest on anything unpaid; and
(d) permitting a London local authority to anticipate a payment under this section when making calculations in accordance with section 32 of the Local Government Finance Act 1992 (originally or by way of substitute).
(5) The Lord Chancellor may with the consent of the Treasury make provision by regulations made by statutory instrument as to how any kind of the Authority’s expenditure is to be determined.
(6) Subject to any such regulations, the Lord Chancellor may direct that in determining any kind of the Authority’s expenditure there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified.
(7) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section “London local authority” means the council of any London borough or the Common Council of the City of London.
(1) The Greater London Magistrates' Courts Authority shall consult each London local authority before making any determination under section 59A(1) above or any determination as to—
(a) the salary to be paid to a justices' clerk or justices' chief executive and to staff of the Authority; or
(b) the nature and amount of the expenses which the Authority may incur in the discharge of their functions or may authorise to be incurred.
(2) Any London local authority which is aggrieved by such a determination may, within one month from the receipt by the London local authority of written notice of the determination, appeal to the Lord Chancellor, whose decision shall be binding upon the Authority and the London local authority concerned.
(3) In this section, “London local authority” has the same meaning as in section 59B above.
(1) The Greater London Magistrates' Courts Authority shall keep a fund to be known as the GLMCA fund.
(2) All the Authority’s receipts shall be paid into the GLMCA fund and all the Authority’s expenditure shall be paid out of it.
(3) The Authority shall—
(a) keep accounts of payments made into or out of the GLMCA fund; and
(b) make arrangements for the proper administration of their financial affairs.
(4) The Lord Chancellor may by regulations made by statutory instrument make provision applying—
(a) Part VIII of the [1988 c. 41.] Local Government Finance Act 1988 (financial administration); and
(b) Part II of the [1998 c. 18.] Audit Commission Act 1998 (accounts and audit of public bodies),
to the Authority, with or without modifications and exceptions.
(5) A statutory instrument containing regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Schedule 12 (which makes provision supplementary to this section) shall have effect.
(1) Part VI of the [1997c. 25.] Justices of the Peace Act 1997 (administrative and financial arrangements) has effect subject to the following amendments.
(2) After section 59D and the heading after that section (inserted by section 83 above) insert—
(1) The Lord Chancellor may by statutory instrument make regulations requiring every magistrates' courts committee, or every specified magistrates' courts committee, to obtain for the performance of any function referred to in section 55(1) or 59A(1) above—
(a) specified goods or services; or
(b) goods or services of a specified description,
if he considers that it would be in the interests of the efficient and effective administration of magistrates' courts generally for them to do so.
(2) Regulations made by virtue of subsection (1) above may include provision requiring magistrates' courts committees to obtain the specified goods or services, or goods or services of the specified description—
(a) from a specified person or person of a specified description;
(b) at or by a specified time; or
(c) both from such a person and at or by such a time.
(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(3) In section 55(2) (case where paying authority is not required to provide goods and services to magistrates' courts committee), after “or authorities” insert “—
(a) to provide any goods or services which regulations made by virtue of section 59E(2) below require the magistrates' courts committee to obtain otherwise than from that authority or any of those authorities; or
(b)”.
(4) After subsection (1) of section 56 (which specifies that, subject to the provisions of that section, the goods and services to be provided by a paying authority are to be determined by the magistrates' courts committee) insert—
“(1A) Subsection (1) above does not apply to the extent that regulations made by virtue of section 59E below have the effect of precluding a determination as to any of the matters mentioned in that subsection.”
In section 62 of the [1997 c. 25.] Justices of the Peace Act 1997 (inspectors of the magistrates' courts service), after subsection (4) insert—
“(4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates' courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction.”
In the Justices of the Peace Act 1997, after section 39 insert—
(1) The Lord Chancellor may prepare a code of conduct to be observed by—
(a) members of magistrates' courts committees; and
(b) members of selection panels for choosing members of such committees.
(2) The Lord Chancellor may from time to time prepare a revised version of the code.
(3) Before preparing the code or a revised version of the code the Lord Chancellor shall undertake such consultation as appears to him to be appropriate.
(4) The code, and any revised version of the code, shall come into force as provided by an order made by the Lord Chancellor by statutory instrument; and an order providing for the coming into force of the code or a revised version shall set out the code or revised version.
(5) A statutory instrument containing an order made by virtue of subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Lord Chancellor may make an order under subsection (2) below if he is of the opinion that—
(a) a member of a magistrates' courts committee; or
(b) a member of a selection panel for choosing members of such a committee,
has, without reasonable excuse, failed to observe the code.
(2) An order under this subsection shall state that the Lord Chancellor is of the opinion mentioned in subsection (1) above and may provide either or both of the following—
(a) that, on the making of the order, the person is to cease to be a member of the committee or selection panel concerned or to cease to be such a member for a specified period; or
(b) that, for a specified period, the person may not be appointed (or co-opted) as a member of any magistrates' courts committee or any selection panel for choosing members of such a committee.
(3) The Lord Chancellor may by regulations made by statutory instrument make provision for the purpose of establishing whether persons have failed to observe the code.
(4) A statutory instrument containing regulations made by virtue of subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
In section 40 of the [1997 c. 25.] Justices of the Peace Act 1997 (appointment of justices' chief executive), omit subsection (5) (under which a person may not be appointed unless eligible for appointment as a justices' clerk).
(1) For section 41 of the Justices of the Peace Act 1997 (functions of justices' chief executives) substitute—
(1) The justices' chief executive appointed by any magistrates' courts committee shall make arrangements for the efficient and effective administration of the magistrates' courts for the area to which the committee relates.
(2) For that purpose the administration of the magistrates' courts for the area to which a magistrates' courts committee relates includes—
(a) the exercise of the function of acting as clerk to the committee; and
(b) the exercise of all of the functions conferred or imposed on justices' chief executives by or under any other enactment so far as relating to any of those courts or that committee.
(3) The duty imposed on a justices' chief executive by subsection (1) above shall in particular require him—
(a) to allocate responsibility for what falls to be done in the exercise of his functions among justices' clerks and the staff of the committee; and
(b) to determine the administrative procedures to be followed by them.
(4) The justices' chief executive appointed by a magistrates' courts committee shall make arrangements for discussions relating to matters of law (including procedure and practice) among the justices' clerks appointed by the committee, in particular with a view to securing consistency in the advice given by them to justices about such matters.
(5) The justices' chief executive appointed by a magistrates' courts committee shall perform—
(a) the duties imposed on him by this section; and
(b) any other functions conferred or imposed on him by or under any other enactment,
in accordance with any directions given to him by the committee.
(6) Subject to section 48 below, the justices' chief executive appointed by a magistrates' courts committee may give directions to justices' clerks and the staff of the committee as to the carrying out of their responsibilities (including the performance of any functions conferred or imposed on them by or under any enactment).”
(2) In section 31 of that Act (powers and duties of magistrates' courts committees), omit subsection (2) (power of magistrates' courts committees to allocate responsibilities among chief executive, clerks and members of staff and to determine the administrative procedures to be followed by them).
(3) In section 40 of that Act (appointment of justices' chief executive), after subsection (1) insert—
“(1A) The justices' chief executive appointed by a magistrates' courts committee is—
(a) the justices' chief executive for every magistrates' court for the committee’s area;
(b) the justices' chief executive for every petty sessions area for which they are the committee; and
(c) the chief executive to the justices acting for every such petty sessions area.”
(4) In section 61 of that Act (defaults of justices' clerk etc.), after “clerk” insert “, of a justices' chief executive”.
(1) For section 48 of the [1997 c. 25.] Justices of the Peace Act 1997 substitute—
(1) When exercising any legal function—
(a) a justices' clerk shall not be subject to the direction of the justices' chief executive or any other person or body; and
(b) a member of the staff of a magistrates' courts committee shall not be subject to the direction of any person or body other than a justices' clerk.
(2) In subsection (1) “legal function” means—
(a) any function exercisable by one or more justices of the peace; or
(b) a function specified in section 45(4) or (5) above.”
(2) In section 45 of that Act (functions of justices' clerks)—
(a) in subsection (4) (advice on law, practice or procedure to justices at their request), for “law, practice or procedure” substitute “matters of law (including procedure and practice)”, and
(b) in subsection (5) (power to bring point of law, practice or procedure to attention of justices), for “law, practice or procedure” substitute “law (including procedure and practice)”.
(1) Schedule 13 (which makes amendments transferring administrative functions of justices' clerks to justices' chief executives) has effect.
(2) The Lord Chancellor may by order made by statutory instrument make provision for the transfer of other administrative functions of justices' clerks to justices' chief executives.
(3) An order under subsection (2) may contain amendments of enactments.
(4) A statutory instrument containing an order under subsection (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) For the purposes of this section the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices of the [1997 c. 25.] Peace Act 1997.
(1) In the Justices of the Peace Act 1997, after section 41 (as substituted by section 88(1) above) insert—
(1) A justices' chief executive shall, by virtue of his office, be collecting officer of each of the courts for the area of the magistrates' courts committee which appointed him.
(2) A justices' chief executive shall act under any order made under section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914 (which provided for periodical payments under court orders to be made through an officer of the court or other third party) which, in accordance with the provisions of paragraph 16A of Schedule 4 to this Act, has effect to direct the payment of money to him.
(3) This section is without prejudice to the provisions of—
(a) section 59 of the [1980 c. 43.] Magistrates' Courts Act 1980 (periodical payments through justices' chief executive); and
(b) sections 59A and 62 of that Act (proceedings by justices' chief executive).”
(2) In section 60 of that Act (application of fines and fees)—
(a) in subsection (1) (payment to Lord Chancellor of sums received by a justices' clerk), for “justices' clerk” substitute “justices' chief executive” and omit paragraph (b)(ii) (special provision for compensation orders),
(b) in subsection (3) (exception for salary and expenses of justices' clerk), for “justices' clerk” substitute “justices' chief executive”,
(c) omit subsection (4) (which is superseded by the amendment made by subsection (3) of this section), and
(d) in the sidenote, for “fines and fees” substitute “receipts of justices' chief executive”.
(3) After that section insert—
The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations—
(a) as to the times at which, and the manner in which, a justices' chief executive shall pay sums payable by him to the Lord Chancellor or any other person;
(b) requiring the keeping and production of accounts by justices' chief executives in respect of sums received by them (apart from any received on account of their salaries or expenses as such) and for the inspection and audit of the accounts required to be kept; and
(c) requiring justices' chief executives to use specified banking arrangements or facilities, or banking arrangements or facilities of a specified description, in relation to sums received by them (apart from any received on account of their salaries or expenses as such).”
(4) In Part II of Schedule 4 to that Act (transitional provisions and savings), after paragraph 16 insert—
“16A. Any order made before 1st April 1953 under section 30 of the [1914 c. 58.] Criminal Justice Administration Act 1914 or section 1 of the [1914 c. 6 (4&5 Geo.5).] Affiliation Orders Act 1914—
(a) if it directs payments to be made to any officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices' chief executive who is the collecting officer of that court; and
(b) if it directs payments to be made to any person who is not an officer of a court of summary jurisdiction, shall have effect as if it directed them to be made to the justices' chief executive who is the collecting officer of the court making the order.”
In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125 insert—
(1) A warrant to which this subsection applies may be executed anywhere in England and Wales by a civilian enforcement officer.
(2) In this section “civilian enforcement officer”, in relation to a warrant, means a person who—
(a) is employed by an authority of a prescribed class which performs functions in relation to any area specified in the warrant; and
(b) is authorised in the prescribed manner to execute warrants.
(3) The warrants to which subsection (1) above applies are any warrant of arrest, commitment, detention or distress issued by a justice of the peace—
(a) under any provision specified for the purposes of this subsection by an order made by the Lord Chancellor and the Secretary of State, acting jointly; or
(b) for the enforcement of a court order of any description so specified.
(4) Where a warrant has been executed by a civilian enforcement officer, a written statement indicating—
(a) the name of the officer;
(b) the authority by which he is employed; and
(c) that he is authorised in the prescribed manner to execute warrants,
shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
(5) The power to make orders conferred by subsection (3) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) In the [1997 c. 25.] Justices of the Peace Act 1997, after section 31 insert—
(1) A magistrates' courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the [1980 c. 43.] Magistrates' Courts Act 1980.
(2) The Lord Chancellor may by statutory instrument make regulations as to—
(a) conditions which must be satisfied by a person or body in order to be approved under subsection (1) above; and
(b) the procedure by which a person or body may be so approved.
(3) A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) A magistrates' courts committee shall maintain a register—
(a) containing the names of all persons and bodies approved by the committee under subsection (1) above; or
(b) stating that no person or body has been so approved.
(5) Copies of the register kept by a committee under subsection (4) above shall be available for inspection by members of the public in every petty sessional court-house in the committee’s area during the hours that the court-house is open to the public.
(6) A decision by a magistrates' courts committee to revoke the approval of a person or body under subsection (1) above does not have effect to revoke the approval until the committee have informed the person or body in writing of the decision.”
(2) In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125A (inserted by section 92 above) insert—
(1) A warrant to which section 125A(1) above applies may also be executed anywhere in England and Wales—
(a) by an individual who is an approved enforcement agency;
(b) by a director of a company which is an approved enforcement agency;
(c) by a partner in a partnership which is an approved enforcement agency; or
(d) by an employee of an approved enforcement agency who is authorised in writing by the agency to execute warrants.
(2) In this section “approved enforcement agency”, in relation to a warrant, means a person or body approved under section 31A of the [1997 c. 25.] Justices of the Peace Act 1997 by the magistrates' courts committee for the petty sessions area of the justice (or any of the justices) who issued the warrant.
(3) Failure by a magistrates' courts committee to comply with any provision of, or made under, section 31A(2) to (5) of the Justices of the Peace Act 1997 does not of itself render unlawful the execution of a warrant.
(4) Where a warrant has been executed by a person mentioned in subsection (1) above, a written statement indicating the matters specified in subsection (5) below shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.
(5) The matters referred to in subsection (4) above are—
(a) the name of the person by whom the warrant was executed;
(b) if he is a director of, or partner in, an approved enforcement agency, the fact that he is a director of, or partner in, that agency;
(c) if he is an employee of an approved enforcement agency, the fact that he is an employee authorised in writing by that agency to execute warrants; and
(d) the fact that his name, or (where paragraph (b) or (c) above applies) that of the agency indicated, is contained in the register maintained under section 31A(4) of the Justices of the [1997 c. 25.] Peace Act 1997 by the magistrates' courts committee concerned.”
In the [1980 c. 43.] Magistrates' Courts Act 1980, after section 125B (inserted by section 93(2) above) insert—
(1) Basic personal information held by a relevant public authority may, on the application of a justices' chief executive, be supplied by the authority to him (or to a justices' clerk appointed by, or member of the staff of, his magistrates' courts committee who is specified in the application) for the purpose of facilitating the enforcement of a section 125A(1) warrant which is so specified.
(2) In this section—
“basic personal information” means a person’s name, date of birth or national insurance number or the address (or any of the addresses) of a person;
“relevant public authority” means a Minister of the Crown, government department, local authority or chief officer of police specified in an order made by the Lord Chancellor; and
“a section 125A(1) warrant” means a warrant to which section 125A(1) above applies and which has been issued by a justice of the peace to whom the justices' chief executive making the application is chief executive.
(3) Information supplied to any person under subsection (1) above, or this subsection, for the purpose of facilitating the enforcement of a section 125A(1) warrant may be supplied by him for that purpose to—
(a) any person entitled to execute the warrant;
(b) any employee of a body or person who, for the purposes of section 125B above, is an approved enforcement agency in relation to the warrant; or
(c) any person who is the justices' chief executive, a justices' clerk or a member of the staff of the magistrates' courts committee whose justices' chief executive made the application for the information.
(4) A person who intentionally or recklessly—
(a) discloses information supplied to him under this section otherwise than as permitted by subsection (3) above; or
(b) uses information so supplied otherwise than for the purpose of facilitating the enforcement of the section 125A(1) warrant concerned,
commits an offence.
(5) But it is not an offence under subsection (4) above—
(a) to disclose any information in accordance with any enactment or order of a court or for the purposes of any proceedings before a court; or
(b) to disclose any information which has previously been lawfully disclosed to the public.
(6) A person guilty of an offence under subsection (4) above is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to a fine.
(7) The power to make orders conferred by subsection (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(1) In section 125(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (execution by person to whom warrant is directed or constable), after “warrant of commitment,” insert “warrant of detention,”.
(2) In section 136(2) of that Act (warrants of detention), for the words from “, unless” to “functions” substitute “—
(a) shall authorise the person executing it”.
In the Magistrates' Courts Act 1980, after section 125C (inserted by section 94 above) insert—
(1) A warrant to which section 125A(1) above applies may be executed by any person entitled to execute it even though it is not in his possession at the time.
(2) A warrant to which this subsection applies (and which is not a warrant to which section 125A(1) above applies) may be executed by a constable even though it is not in his possession at the time.
(3) Subsection (2) above applies to—
(a) a warrant to arrest a person in connection with an offence;
(b) a warrant under section 186(3) of the [1955 c. 18.] Army Act 1955, section 186(3) of the [1955 c. 19.] Air Force Act 1955, section 105(3) of the [1957 c. 53.] Naval Discipline Act 1957 or Schedule 2 to the [1966 c. 14.] Reserve Forces Act 1996 (desertion etc.);
(c) a warrant under section 102 or 104 of the [1967 c. 9.] General Rate Act 1967 (insufficiency of distress);
(d) a warrant under section 47(8) of the [1996 c. 27.] Family Law Act 1996 (failure to comply with occupation order or non-molestation order);
(e) a warrant under paragraph 4 of Schedule 3 to the [1998 c. 37.] Crime and Disorder Act 1998 (unwilling witnesses);
(f) a warrant under paragraph 3(2) of Schedule 1 to the [1999 c. 23.] Youth Justice and Criminal Evidence Act 1999 (offenders referred to court by youth offender panel); and
(g) a warrant under section 55, 76, 93, 97 or 97A above.
(4) Where by virtue of this section a warrant is executed by a person not in possession of it, it shall, on the demand of the person arrested, committed or detained or against whom distress is levied, be shown to him as soon as practicable.”
Access To Justice Act 1999