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Courts Bill [HL]


Courts Bill [HL]
Part 7 — Procedure rules and practice directions

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 75    Power to amend legislation in connection with the rules

The Lord Chancellor may by order amend or repeal any enactment, or amend

or revoke any provision of subordinate legislation, to the extent that he

considers necessary or desirable—

           (a)           in order to facilitate the making of Family Procedure Rules, or

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           (b)           in consequence of section 70, 71 or 74 or Family Procedure Rules.

 76    Practice directions relating to family proceedings

     (1)    The President of the Family Division may, with the concurrence of the Lord

Chancellor, give directions as to the practice and procedure of—

           (a)           county courts, and

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           (b)           magistrates’ courts,

            in family proceedings.

     (2)    Directions as to the practice and procedure of those courts in family

proceedings may not be given by anyone other than the President of the Family

Division without the approval of the President of the Family Division and the

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Lord Chancellor.

     (3)    The power to give directions under subsection (1) includes power—

           (a)           to vary or revoke directions as to the practice and procedure of

magistrates’ courts and county courts (or any of them) in family

proceedings, whether given by the President of the Family Division or

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any other person,

           (b)           to give directions containing different provision for different cases

(including different areas), and

           (c)           to give directions containing provision for a specific court, for specific

proceedings or for a specific jurisdiction.

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Civil Procedure Rules

 77    Civil Procedure Rules

     (1)    For section 1(3) of the 1997 Act (general objectives of Civil Procedure Rules)

substitute—

           “(3)              Any power to make or alter Civil Procedure Rules is to be exercised

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with a view to securing that—

                  (a)                 the system of civil justice is accessible, fair and efficient, and

                  (b)                 the rules are both simple and simply expressed.”

     (2)    “The 1997 Act” means the Civil Procedure Act 1997 (c. 12).

 78    Civil Procedure Rule Committee

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     (1)    For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the

Committee) substitute—

                  “(aa)                    the Head of Civil Justice,

                  (ab)                    the Deputy Head of Civil Justice (if there is one),

                  (a)                    the Master of the Rolls (unless he holds an office mentioned in

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paragraph (aa) or (ab)), and”.

 

 

Courts Bill [HL]
Part 7 — Procedure rules and practice directions

    36

 

     (2)    For section 2(2)(a) of the 1997 Act (one judge of the Supreme Court to be

appointed to Committee) substitute—

                  “(a)                    either two or three judges of the Supreme Court,”.

     (3)    For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with

experience etc. of lay advice sector and consumer affairs) substitute “and

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                  (g)                    two persons with experience in and knowledge of the lay advice

sector or consumer affairs.”

 79    Power to change certain requirements relating to Committee

After section 2 of the 1997 Act insert—

       “2A            Power to change certain requirements relating to Committee

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           (1)           The Lord Chancellor may by order—

                  (a)                 amend section 2(2) (persons to be appointed to Committee by

Lord Chancellor), and

                  (b)                 make consequential amendments in any other provision of

section 2.

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           (2)           Before making an order under this section the Lord Chancellor must

consult—

                  (a)                 the Head of Civil Justice,

                  (b)                 the Deputy Head of Civil Justice (if there is one), and

                  (c)                 the Master of the Rolls (unless he holds an office mentioned in

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paragraph (a) or (b)).

           (3)           The power to make an order under this section is exercisable by

statutory instrument.

           (4)           A statutory instrument containing such an order is subject to

annulment in pursuance of a resolution of either House of Parliament.”

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 80    Process for making Civil Procedure Rules

     (1)    Omit section 2(6) to (8) of the 1997 Act (process for making Civil Procedure

Rules).

     (2)    For section 3 of the 1997 Act (section 2: supplementary) substitute—

       “3            Process for making Civil Procedure Rules

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           (1)           The Civil Procedure Rule Committee must, before making Civil

Procedure Rules—

                  (a)                 consult such persons as they consider appropriate, and

                  (b)                 meet (unless it is inexpedient to do so).

           (2)           Rules made by the Civil Procedure Rule Committee must be—

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                  (a)                 signed by a majority of the members of the Committee, and

                  (b)                 submitted to the Lord Chancellor.

           (3)           The Lord Chancellor may allow, disallow or alter rules so made.

           (4)                         Before altering rules so made the Lord Chancellor must consult the

Committee.

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Courts Bill [HL]
Part 8 — Miscellaneous

    37

 

           (5)           Rules so made, as allowed or altered by the Lord Chancellor—

                  (a)                 come into force on such day as the Lord Chancellor directs, and

                  (b)                 are to be contained in a statutory instrument to which the

Statutory Instruments Act 1946 applies as if the instrument

contained rules made by a Minister of the Crown.

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           (6)           A statutory instrument containing Civil Procedure Rules is subject to

annulment in pursuance of a resolution of either House of Parliament.”

Part 8

Miscellaneous

Provisions relating to criminal procedure and appeals

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 81    Alteration of place fixed for Crown Court trial

An application under section 76(3) of the 1981 Act (application for variation of

place fixed for Crown Court trial) is no longer required to be heard in open

court by a judge of the High Court.

 82    Appeals to Court of Appeal: procedural directions

15

     (1)    In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that

Act exercisable by single judge), in subsection (2), after paragraph (h) insert—

                  “(i)                    to make orders under section 23(1)(a).”

     (2)    After section 31 of the 1968 Act insert—

       “31ZA                                     Power to give procedural directions

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           (1)           A single judge may give such procedural directions as he thinks fit.

           (2)           “Procedural directions” means directions for the efficient and effective

preparation of—

                  (a)                 an application for leave to appeal, or

                  (b)                 an appeal,

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                         to which this section applies.

           (3)           A single judge may give procedural directions—

                  (a)                 of his own motion, when he is exercising, or considering

whether to exercise, any power of his in relation to the

application or appeal;

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                  (b)                 on a reference from the registrar;

                  (c)                 on the application of an appellant;

                  (d)                 on the application of a respondent, if the condition in subsection

(4) is met.

           (4)           The condition is that the directions relate to—

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                  (a)                 an application for leave to appeal which is to be determined by

the Court of Appeal, or

                  (b)                 an appeal.

           (5)           Subsection (6) applies where a single judge gives, or refuses to give,

procedural directions.

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Courts Bill [HL]
Part 8 — Miscellaneous

    38

 

           (6)           The Court of Appeal may, on an application to it under subsection (7)—

                  (a)                 confirm, set aside or vary any procedural directions given by

the judge, and

                  (b)                 give such procedural directions as it thinks fit.

           (7)           An application under this subsection may be made by—

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                  (a)                 an appellant;

                  (b)                 a respondent, if the directions—

                        (i)                        relate to an application for leave to appeal, and appear

to need the respondent’s assistance to give effect to

them,

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                        (ii)                       relate to an application for leave to appeal which is to be

determined by the Court of Appeal, or

                        (iii)                      relate to an appeal.

           (8)           This section applies to an appeal, and an application to the Court of

Appeal for leave to appeal, under—

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                  (a)                 this Part,

                  (b)                 section 9 of the Criminal Justice Act 1987, or

                  (c)                 section 35 of the Criminal Procedure and Investigations Act

1996.

           (9)           In this section—

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                                  “appellant” includes a person who has given notice of application

for leave to appeal;

                                  “respondent” includes a person who will be a respondent if leave

to appeal is granted.”

     (3)    Section 31ZA of the 1968 Act applies to—

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           (a)           applications for leave to appeal falling to be determined on or after the

date on which this section comes into force, and

           (b)           appeals in relation to which—

                  (i)                 a certificate under Part 1 of the 1968 Act that the case is fit for

appeal, or

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                  (ii)                leave to appeal,

                         is granted on or after that date.

     (4)    “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).

 83    Prosecution appeals from Court of Appeal

In the 1968 Act, for subsections (1) and (2) of section 34 (applications for leave

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to appeal to the House of Lords) substitute—

           “(1)              An application to the Court of Appeal for leave to appeal to the House

of Lords—

                  (a)                 by the defendant, must be made within the period of 14 days

beginning with the relevant date;

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                  (b)                 by the prosecutor, must be made within the period of 28 days

beginning with that date.

           (1A)              In subsection (1), “the relevant date” means—

                  (a)                 the date of the Court of Appeal’s decision, or

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    39

 

                  (b)                 if later, the date on which the Court gives reasons for its

decision.

           (1B)              An application to the House of Lords for leave to appeal to that

House—

                  (a)                 by the defendant, must be made within the period of 14 days

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beginning with the date on which the application for leave is

refused by the Court of Appeal;

                  (b)                 by the prosecutor, must be made within the period of 28 days

beginning with that date.

           (2)              On an application made at any time by the defendant—

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                  (a)                 the Court of Appeal may extend the time limit in subsection

(1)(a);

                  (b)                 the House of Lords may extend the time limit in subsection

(1B)(a).”

 84    Retirement age of Registrar of Criminal Appeals

15

     (1)    In section 92 of the 1981 Act (tenure of offices in Supreme Court)—

           (a)           in subsection (2) (offices with retirement age of 70, but with possibility

of extensions to not beyond 75), omit “except the office of Queen’s

Coroner and Attorney and Master of the Crown Office and Registrar of

Criminal Appeals”,

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           (b)           omit subsections (2D) and (2E) (retirement age of 62 for that office), and

           (c)           in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to

be held during good behaviour), for “to which subsection (1), (2A) or

(2D) applies” substitute “listed in column 1 of Part 1 or 2 of Schedule 2”.

     (2)    In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8)

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(retirement), after the entry relating to a Deputy or temporary Master, Queen’s

Bench Division, insert—

                                  “Queen’s Coroner and Attorney and Master of the Crown Office

and Registrar of Criminal Appeals”.

 85    Appeals to Courts-Martial Appeal Court: procedural directions

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     (1)    In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the

Appeal Court under Part 2 of that Act exercisable by single judge), in

subsection (2), after paragraph (g) insert—

                  “(h)                    to make orders under section 28(1)(a).”

     (2)    After section 36 of that Act insert—

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       “36ZA                                     Power of single judge to give procedural directions

           (1)           Any judge of the Appeal Court may give such procedural directions as

he thinks fit.

           (2)           “Procedural directions” means directions for the efficient and effective

preparation of—

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                  (a)                 an application for leave to appeal, or

                  (b)                 an appeal,

                         under this Part.

 

 

Courts Bill [HL]
Part 8 — Miscellaneous

    40

 

           (3)           A judge of the Appeal Court may give procedural directions—

                  (a)                 of his own motion, when he is exercising, or considering

whether to exercise, any power of his in relation to the

application or appeal;

                  (b)                 on a reference from the registrar;

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                  (c)                 on the application of an appellant;

                  (d)                 on the application of a respondent, if the condition in subsection

(4) is met.

           (4)           The condition is that the directions relate to—

                  (a)                 an application for leave to appeal which is to be determined by

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the Appeal Court, or

                  (b)                 an appeal.

           (5)           Subsection (6) applies where a judge of the Appeal Court gives, or

refuses to give, any procedural directions.

           (6)           The Appeal Court may, on an application to it under subsection (7)—

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                  (a)                 confirm, set aside or vary any procedural directions given by

the judge, and

                  (b)                 give such procedural directions as it thinks fit.

           (7)           An application under this subsection may be made by—

                  (a)                 an appellant;

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                  (b)                 a respondent, if the directions—

                        (i)                        relate to an application for leave to appeal, and appear

to need the respondent’s assistance to give effect to

them,

                        (ii)                       relate to an application for leave to appeal which is to be

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determined by the Appeal Court, or

                        (iii)                      relate to an appeal.

           (8)           In this section “respondent” includes a person who will be a respondent

if leave to appeal is granted.”

     (3)    Section 36ZA of that Act applies to—

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           (a)           applications for leave to appeal falling to be determined on or after the

date on which this section comes into force, and

           (b)           appeals in relation to which leave to appeal is granted on or after that

date.

 86    Defence Council appeals from Courts-Martial Appeal Court

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In the Courts-Martial (Appeals) Act 1968 (c. 20), for subsections (1) and (2) of

section 40 (applications for leave to appeal to the House of Lords) substitute—

           “(1)              An application to the Appeal Court for leave to appeal to the House of

Lords—

                  (a)                 by the accused, must be made within the period of 14 days

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beginning with the relevant date;

                  (b)                 by the Defence Council, must be made within the period of 28

days beginning with that date.

           (1A)              In subsection (1), “the relevant date” means—

                  (a)                 the date of the Appeal Court’s decision, or

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Courts Bill [HL]
Part 8 — Miscellaneous

    41

 

                  (b)                 if later, the date on which the Court gives reasons for its

decision.

           (1B)              An application to the House of Lords for leave to appeal to that

House—

                  (a)                 by the accused, must be made within the period of 14 days

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beginning with the date on which the application for leave is

refused by the Appeal Court;

                  (b)                 by the Defence Council, must be made within the period of 28

days beginning with that date.

           (2)              On an application made at any time by the accused—

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                  (a)                 the Appeal Court may extend the time limit in subsection (1)(a);

                  (b)                 the House of Lords may extend the time limit in subsection

(1B)(a).”

Fees, costs and fines

 87    Fees

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     (1)    The Lord Chancellor may with the consent of the Treasury by order prescribe

fees payable in respect of anything dealt with by—

           (a)           the Supreme Court,

           (b)           county courts, and

           (c)           magistrates’ courts.

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     (2)    In prescribing fees payable under subsection (1), the Lord Chancellor shall

have regard to the need to facilitate access to justice.

     (3)    An order under this section may, in particular, contain provision as to—

           (a)           scales or rates of fees;

           (b)           exemptions from or reductions in fees;

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           (c)           remission of fees in whole or in part.

     (4)    The Lord Chancellor may not under this section prescribe fees which he or

another authority has power to prescribe apart from this section.

     (5)    Before making an order under this section, the Lord Chancellor must consult—

           (a)           the Lord Chief Justice;

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           (b)           the Master of the Rolls;

           (c)           the President of the Family Division;

           (d)           the Vice Chancellor;

           (e)           the Head of Civil Justice;

           (f)           the Deputy Head of Civil Justice (if there is one).

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     (6)    Before making an order under this section in relation to civil proceedings, the

Lord Chancellor must consult the Civil Justice Council.

     (7)    The Lord Chancellor must take such steps as are reasonably practicable to

bring information about fees to the attention of persons likely to have to pay

them.

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     (8)    Fees payable under this section are recoverable summarily as a civil debt.

 

 

 
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