Access to Justice Bill [H.L.] - continued        House of Lords
PART V, MAGISTRATES AND MAGISTRATES' COURTS - continued
Magistrates' courts committees outside Greater London - continued

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      (10) Copies of any minutes which are open to inspection under subsection (9) above shall be made available to the public on payment of such reasonable fee as the magistrates' courts committee may in any case determine.
 
      (11) A magistrates' courts committee making a determination under subsection (9) above shall state their reasons for regarding the information in question as being of a confidential nature."
 
Greater London Magistrates' Courts Authority.     56. - (1) In the Justices of the Peace Act 1997, after section 30 insert-
 
 

"Greater London
Greater London Magistrates' Courts Authority.     30A. - (1) There shall be a body known as the Greater London Magistrates' Courts Authority.
 
      (2) The Greater London Magistrates' Courts Authority shall be the magistrates' courts committee for Greater London.
 
      (3) The Greater London Magistrates' Courts Authority shall be a body corporate.
 
Regulations about Authority.     30B. - (1) The Lord Chancellor may by regulations made by statutory instrument make provision relating to the Greater London Magistrates' Courts Authority, including-
 
 
    (a) provision about the membership of the Authority (including provision as to who is to chair it and about the payment of remuneration to its members);
 
    (b) provision about the procedure of the Authority (including its quorum and meetings);
 
    (c) provision for committees of the Authority (including provision about their membership and procedure); and
 
    (d) provision for the discharge of any of the Authority's functions by a committee, by the person chairing the Authority or a committee or by the justices' chief executive, a justices' clerk or a member of the staff of the Authority.
      (2) 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.
 
 
Provisions applying to all magistrates' courts committees."
      (2) In section 40(8) of that Act (regulations about appointment of justices' chief executive), after "by statutory instrument" insert "which may make different provision in relation to the Greater London Magistrates' Courts Authority and other magistrates' courts committees".
 
Standard goods and services.     57. - (1) Part VI of the Justices of the Peace Act 1997 (administrative and financial arrangements) has effect subject to the following amendments.
 
      (2) After section 56 insert-
 
 
"Standard goods and services.     56A. - (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) 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 56A(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 56A below have the effect of precluding a determination as to any of the matters mentioned in that subsection."
 
 
Justices' chief executives
Qualification for appointment.     58. In section 40 of the 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).
 
Role.     59. - (1) For section 41 of the Justices of the Peace Act 1997 (functions of justices' chief executives) substitute-
 
"Role of justices' chief executive.     41. - (1) The justices' chief executive in relation to 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 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 administrative responsibilities 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 in relation to a magistrates' courts committee shall make arrangements for discussions relating to law, practice and procedure among the justices' clerks appointed by the committee.
 
      (5) The justices' chief executive in relation to 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 in relation to 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 48(1) of that Act (independence of justices' clerks and members of staff in relation to legal functions)-
 
 
    (a) for "magistrates' courts committee, the justices' chief executive or any other person" substitute "the justices' chief executive or any other person or body", and
 
    (b) for "that committee or of the justices' chief executive (when acting as such)" substitute "any person or body other than a justices' clerk".
      (4) In section 61 of that Act (defaults of justices' clerk etc.), after "clerk" insert ", of a justices' chief executive".
 
Transfer of administrative functions of justices' clerks.     60. - (1) Schedule 9 (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-
 
 
    (a) their function of giving advice to justices of the peace in an individual case, and
 
    (b) any functions conferred on them by rules in accordance with section 144 of the Magistrates' Courts Act 1980 by virtue of section 45(1) of the Justices of the Peace Act 1997 (things authorised to be done by, to or before a justice).
Collection, payment, accounting and banking.     61. - (1) In the Justices of the Peace Act 1997, after section 41 (as substituted by section 59(1) above) insert-
 
 
"Justices' chief executive as collecting officer.     41A. - (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 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 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-
 
 
"Regulations about payment, accounting and banking.     60A. 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 Criminal Justice Administration Act 1914 or section 1 of the 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."
 
Execution of warrants
Civilian enforcement officers.     62. In the Magistrates' Courts Act 1980, after section 125 insert-
 
 
"Civilian enforcement officers.     125A. - (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."
 
Approved enforcement agencies.     63. - (1) In the Justices of the Peace Act 1997, after section 31 insert-
 
 
"Execution of warrants.     31A. - (1) A magistrates' courts committee may approve persons or bodies for the purpose of executing warrants pursuant to section 125B of the 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 Magistrates' Courts Act 1980, after section 125A (inserted by section 62 above) insert-
 
 
"Execution by approved enforcement agency.     125B. - (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 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 Peace Act 1997 by the magistrates' courts committee concerned."
Warrants of detention.     64. - (1) In section 125(2) of the 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".
Execution by person not in possession of warrant.     65. In the Magistrates' Courts Act 1980, after section 125B (inserted by section 63(2) above) insert-
 
 
"Execution by person not in possession of warrant.     125C. - (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 Army Act 1955, section 186(3) of the Air Force Act 1955, section 105(3) of the Naval Discipline Act 1957 or Schedule 2 to the Reserve Forces Act 1996 (desertion etc.);
 
    (c) a warrant under section 102 or 104 of the General Rate Act 1967 (insufficiency of distress);
 
    (d) a warrant under section 47(8) of the 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 Crime and Disorder Act 1998 (unwilling witnesses);
 
    (f) a warrant under paragraph 3(2) of Schedule 1 to the 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."
 
Cessation of warrants.     66. - (1) In the Maintenance Orders Act 1958, in-
 
 
    (a) section 2(4) (registration of orders), and
 
    (b) section 5(4) (cancellation of registration),
  omit paragraph (b) (cessation of warrant of commitment on giving notice), apart from the word "and" at the end.
 
      (2) In section 83 of the Magistrates' Courts Act 1980 (process for securing attendance of offender for purposes of section 82), omit subsection (4) (warrant to cease to have effect when sum in respect of which it is issued is paid to police officer holding the warrant).
 
      (3) In section 86(4) of that Act (which applies subsections (3) and (4) of section 83 to warrants issued under section 86), for "subsections (3) and (4)" substitute "subsection (3)".
 
      (4) In section 125(1) of that Act (warrants of arrest), insert at the end "or it ceases to have effect in accordance with the rules".
 
 
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Prepared 29 January 1999