Select Committee on Delegated Powers and Regulatory Reform Second Report


Annex 2

COURTS BILL

Memorandum by the Lord Chancellor's Department

36.  This memorandum identifies provisions for delegated legislation in the Courts Bill 2002-2003. The purpose of the memorandum is to explain the purpose of the delegated powers taken; describe why the matter is to be left to delegated legislation; and explain the procedure selected for each power and why it has been chosen.

37.  The Courts Bill will primarily implement the key courts-related recommendations contained in Sir Robin Auld's Review of the Criminal Courts in England and Wales (October 2001) and related criminal reforms. The Bill will also be used as an opportunity to legislate on a number of other important changes relating to judicial matters, civil and family procedure. Many of the core contents of the Courts Bill were signalled in the White Paper "Justice for All" published on 17th July 2002.

38.  The Bill will:

Reform the Courts -

  • Unify the administration of the Courts, providing for a new, centrally funded agency as part of the Lord Chancellor's Department to replace the Court Service and magistrates' courts committees (MCCs);
  • Provide for closer integration of the magistrates' courts and the Crown Court and giving these courts the collective title of 'the criminal courts' when exercising their criminal jurisdiction;
  • Allow more flexible deployment of judges, including giving justices of the peace a national jurisdiction; and abolish magistrates' youth and family panels and replace them with a personal authorisation system;
  • Provide for a new independent inspectorate of court administration;
  • Create a new statutory Criminal Procedure Rule Committee to establish one forum for the development of rules of procedure for all criminal courts in England and Wales;
  • Strengthen court security;
  • Reform procedures on appeal from the Court of Appeal to the House of Lords for the prosecution;
  • Allow judges and magistrates to make binding rulings and directions at pre-trial hearings in criminal cases in the magistrates' courts;
  • Improve the system for enforcing fines in the criminal courts; and
  • Allow costs to be ordered against third parties in criminal proceedings.

Make reforms concerning the role of judges and magistrates -

  • Correct an anomaly by confirming the validity of the appointment of a small number of magistrates whose appointments did not observe the nationality restriction imposed by the Act of Settlement;
  • Change the retirement age of the Registrar of Criminal Appeals;
  • Allow for the modernisation of judicial titles following consultation with members of the judiciary;
  • Provide that the Lord Chief Justice can make practice directions in all the criminal courts; and
  • Make a technical amendment to the position of the Official Solicitor in Northern Ireland.

Reform family proceedings in line with the reforms to criminal proceedings -

  • Provide that the President of the Family Division can make practice directions in all the family courts;
  • Create a Family Procedure Rule Committee; and
  • Unify the Lord Chancellor's two separate powers to set family proceeding fees.

Deal with various civil matters -

  • Put beyond doubt the jurisdiction of the High Court to direct writs of execution to responsible officers other than High Sheriffs;
  • Amend membership of Civil Procedure Rule Committee, and allow the Lord Chancellor to amend rules proposed by the Committee after consultation with them;
  • Rationalise the Lord Chancellor's existing civil and criminal fee setting powers; and
  • Enable courts to make an order for periodical payment of damages for future financial loss and care costs in personal injury cases.

39.  More detailed information about the purpose and effect of the provisions in the Bill, and the background to the proposals, can be found in the Explanatory Notes published with the Bill.

DELEGATED POWERS

40.  The Bill contains 101 clauses and 7 Schedules, some of which contain powers to make orders, rules or regulations by Statutory Instrument. It also contains clauses which clarify or amend existing powers to make Rules of Court, and clauses which give the Lord Chancellor power to give direction and make schemes about various matters. The Annex to this memorandum identifies and explains all the relevant clauses fully. A table at the back of the annex lists all of the clauses containing delegated legislation.

41.  Most of the orders, rules and regulations made under the powers in this Bill will follow the negative resolution procedure. This is because the Department considers that none of the considerations set out in paragraph 78 of the Second Report of the Joint Committee on Delegated Powers ("the Brooke Report") apply. The 1973 Joint Committee on Delegated Legislation recommended that affirmative resolution procedure was appropriate only for:

(i)  powers substantially affecting provisions of Acts of Parliament;

(ii)  powers to impose or increase taxation; and

(iii)  other powers of special importance, e.g. those creating serious criminal offences.

The annex specifically identifies the 3 clauses where the affirmative resolution procedure is provided. Affirmative resolution has been provided in respect of: one aspect of the Lord Chancellor's delegated powers in relation to periodical payments for personal injury; the power to amend Schedule 2 of the Bill itself in the light of pilot schemes; the power to make regulations providing for the making of a costs order against the Lord Chancellor following the actions of a magistrate or justices clerk (re-enacting the provision in the Justices of the Peace Act, 1997). Full details of these provisions and the reasons why they are subject to affirmative resolution are given in the annex.

42.  Although the annex to this document includes all delegated powers in the Bill, the Committee may wish to note that a number of clauses effectively re-model (with minor amendments), or take analogous powers to, existing provisions. The Bill repeals the entire Justices of the Peace Act 1997, re-enacting and re-modelling a number of existing provisions. This is to avoid confusion once the Courts Bill is in force, and ensure that users of the statute book can find all relevant and linked provisions in one place.

43.  The Committee may also wish to note that the Bill creates two new Rule Committees, for family and criminal business, following the precedent of the Civil Procedure Rule Committee which was established by the Civil Procedure Act 1997. This completes the modernisation of processes for making rules of court, so that each of the three main areas of business (civil, criminal and family) has its own dedicated Rule Committee. This moves away from the old principle that rules were made for particular types of court, rather than particular types of court business.

November 2002

ANNEX

COURTS BILL - DELEGATED POWERS

44.  Clauses 1-3 contain no delegated powers.

Clause 4 - Establishment of court administration councils

45.  Clause 4 provides for the establishment of court administration councils. Subsection 2 provides for the Lord Chancellor to specify the areas by order. This is in keeping with clause 8, which allows the Lord Chancellor to specify the boundaries of local justice areas. This will allow flexibility so that the boundaries can be amended, for example, in line with changes to criminal justice areas, without the need for primary legislation. Orders under this clause will be subject to the negative resolution procedure, as a high level of parliamentary scrutiny is not considered necessary for this level of detailed provision.

46.  Subsection 3 provides for the Lord Chancellor to appoint members of the council and subsection 5 states that the Lord Chancellor must provide the councils with guidance. Parliamentary scrutiny is not considered necessary for this detailed level of provision. The councils will have an important role in the way the new unified administration performs its work but, in legislative terms, they are consultative and not executive.

47.  Clauses 5-7 contain no delegated powers.

Clause 8 - Local justice areas

48.  Clause 8 places a duty on the Lord Chancellor to divide England and Wales into areas known as local justice areas and gives him the power to make orders establishing and altering such areas. This clause, in effect makes the same provision as parts of sections 4, 33 and 34 of the Justices of the Peace Act 1997, but changes the name 'petty sessions areas' to local justice areas.

49.  Delegated legislation is considered necessary as the Lord Chancellor may wish to change boundaries in order, for example, to take account of other boundary changes within the criminal justice system, such as changes to police areas (which can be effected through delegated legislation). It would be inappropriate to provide for the boundaries in the statute itself because it would allow no flexibility and no opportunity to conduct effective consultation with stakeholders. An order setting up local justice areas will not be subject to the negative or affirmative resolution procedure, on the basis that it will simply be renaming petty sessions areas as local justice areas and will not change any boundaries. Subsequent orders altering areas will be subject to negative resolution; however there is a duty on the Lord Chancellor to consult local magistrates, local councils and courts administration councils affected by such changes, before making an order.

50.  Clauses 9-11 contain no delegated powers.

Clause 12 - Lay justices' allowances

51.  Clause 12 reproduces without change the existing power to set rates contained in section 10 of the Justices of the Peace Act 1997 (this Bill repeals that whole Act and replaces material in it, amended as necessary). Clause 12(8) gives the Lord Chancellor the power to make provision about the way in which this section is to be administered, by regulations. There are three allowances that are payable:

  • Financial Loss Allowance - to compensate justices for loss of earnings or social security benefits or additional expenditure incurred by them in performing their duties.
  • Travelling Allowance - to compensate justices for expenditure incurred by them in travelling to and from the place where they are required to perform their duties.
  • Subsistence Allowance - to compensate justices for the cost of meals and overnight accommodation if the performance of their duties requires them to be away from their normal place of residence for a specified period of time.

52.  This has been left to delegated legislation as the level of allowances is a matter of detail and is changed each year. Rates are generally fixed by reference to changes in appropriate indices e.g. "New Earnings Survey" produced by the Office of National Statistics. It would be impracticable and excessive for this to be done by primary legislation. This will be subject to negative resolution, since a high level of parliamentary scrutiny is not considered necessary for the kind of detail involved here. Other similar powers to determine allowances are subject to negative resolution.

53.  Clause 13 contains no delegated powers.

Clause 14 - Chairmen and deputy chairmen: selection

54.  Clause 14 makes the same provision as parts of sections 22 and 24 of the Justices of the Peace Act 1997. It provides that for each local justice area, the magistrates assigned to that area will elect a chairman and one or more deputy chairmen. The clause allows the Lord Chancellor to make rules governing, inter alia, the term of office of the chairman and deputy chairmen, the number of deputy chairmen, and the election procedures to be followed.

55.  This was thought suitable for delegated legislation in the 1997 Act, and there are no changes that affect that assessment. The level of detail makes this inappropriate for primary legislation and also means that the rules will require amendment from time to time. This will be subject to negative resolution in view of the limited nature of the delegated power and the fact that this is of limited interest to those outside the magistrates' community.

Clause 15 - Right to preside and size of bench

56.  Clause 15, along with clause 14, makes the same provision as parts of section 24 of the Justices of the Peace Act 1997. It provides for the Lord Chancellor to make rules specifying, inter alia, the maximum number of magistrates who may sit to deal with a case as a magistrates' court, arrangements for securing enough magistrates to a bench, and the training to be completed before a magistrate can preside in court.

57.  This was thought suitable for delegated legislation in the current statute, and there are no changes that affect that assessment. The level of detail makes this inappropriate for primary legislation and also means that the rules will require amendment from time to time. This will be subject to negative resolution in view of the limited nature of the delegated power. These rules will relate to technical knowledge of procedures of the magistrates' court, and the subsequent clause provides that they may not be made without consultation with the relevant Rule Committees.

Clause 16 - Rules about chairmen, deputy chairmen and the bench: supplementary

58.  Contains no delegated powers but qualifies the powers in Clauses 14 and 15 to provide that rules are not made without appropriate consultation.

59.  Clauses 17-21 contain no delegated powers.

Clause 22 - Justices' clerks and assistant clerks

60.  Clause 22(4) makes similar provision to s.44(3) of the Justices of the Peace Act 1997, enabling the Lord Chancellor to make regulations about the qualifications required for an assistant to a justices' clerk (although in future these will be regulations rather than rules). It is considered important that there should be provision in a statutory instrument, so that it is clear what minimum standard the Lord Chancellor will expect all assistant clerks to meet.

61.  This will be subject to negative resolution, in keeping with current practice, and due to the fact that a high level of parliamentary scrutiny is not necessary for such detailed provisions.

Clause 23 - Functions

62.  Clause 23 makes the same provision as section 45 of the Justices of the Peace Act 1997 with minor amendments. Currently section 144 of the Magistrates' Courts Act 1980 allows the Lord Chancellor to make rules which, among other things, regulate and prescribe the procedure and practice to be followed by justices' clerks. He does so on the advice of, or after consultation with the Magistrates' Courts Rule Committee. Clause 23 reflects that in future the Lord Chancellor will also consult the Criminal Procedure Rule Committee and the Family Procedure Rule Committee before making such rules. These rules will, like the equivalent rules under the current law, be subject to negative resolution. They will deal with details about procedural matters within magistrates' courts and will require amendment to reflect changes in other primary legislation, for example imposing new functions on justices of the peace.

63.   Clauses 24-28 contain no delegated powers.

Clause 29 - Costs in legal proceedings

64.  Clause 29 makes the same provision as section 53A of the Justices of the Peace Act 1997, with minor amendments. This clause gives justices of the peace and their clerks statutory immunity against being ordered to pay the costs of legal actions arising out of the conduct of their judicial functions, unless it is proved that they acted in bad faith. The clause empowers the court to order the Lord Chancellor to pay any costs that, but for the provisions of the clause, it would have ordered against the justice or clerk. The clause also provides for the Lord Chancellor to make regulations covering how the court is to exercise the power to award costs against him and how those costs are to be determined.

65.  This power continues to be left to delegated legislation as the issues to be covered in the regulations may need to be changed from time to time. This is also to avoid including details that are not appropriate to the face of the statute. This will be subject to affirmative resolution as is currently the case. This is appropriate in view of the fact that the regulations make provisions in respect of costs orders which can be made against the Lord Chancellor.

66.   Clause 30 has no delegated powers.

Clause 31 - Fines officers

67.  This clause contains two order making powers. The first, under subsection (4) is necessary to enable the fine enforcement measures set out in Schedule 2 to the Bill to be piloted. Subsection (4) empowers the Lord Chancellor to bring into effect the provisions of Schedule 2 to the Bill in relation to one or more local justice areas. Subsection (5) stipulates that an order under subsection (4) may make provision for modifying Schedule 2 or any enactment in connection with Schedule 2 in relation to the specified local justice areas.

68.  The enforcement measures are a radical departure from existing practice, and the intention is to pilot different elements of the package in different areas so that their effectiveness in improving the payment rate can be assessed (for example, a discount for prompt payment and/or an increase for default may be piloted in one area; wheelclamping or registration of the debt as sanctions for defaulters may be piloted in another. The pilots will also be used to assess the best means of providing help to those having difficulty in meeting their repayment terms).

69.  It is not considered that the detail, of which part of the scheme is to be piloted in which particular local justice area(s), would be in any way contentious and would only be applying different parts, or the whole, of the legislation in Schedule 2. Therefore it is not necessary for this to be contained in primary legislation or be subject to affirmative resolution.

70.  The proposal is for the power to be subject to negative resolution because a high level of parliamentary scrutiny is not considered necessary for the kind of detail and flexibility involved in establishing the pilots.

71.  The second order making power, under subsections (6) and (7), is intended to be used once the pilot schemes established under subsections (4) and (5) have been evaluated. Subsection (6) provides that the Lord Chancellor may bring Schedule 2 into effect in all local justice areas and indefinitely (i.e. to facilitate national implementation of the scheme). Subsection (8) allows the Lord Chancellor, when making an order under subsection (6) to make such amendments to the provisions of Schedule 2 and any other enactments as appear appropriate in the light of the pilot schemes. The power is necessary to ensure that the fines package can be modified in the light of experience, so that the enforcement measures which are implemented nationally are both practicable and effective in reducing arrears. Subsection (9) allows an order made under clause 31 to make such transitional provisions as appear to the Lord Chancellor to be appropriate. This would enable the smooth progression from pilot schemes to a national scheme.

72.  Given the possibility that the provisions of the primary legislation in Schedule 2 may require modification, it is considered appropriate that any order made under subsections (6) and (7) should be subject to affirmative resolution of Parliament.

Schedule 2: Collection of fines by fines officers

73.  Schedule 2 sets out the circumstances in which the Schedule applies, and the ability of the court to require a financial penalty to be enforced through the "fines collection scheme".

74.  The schedule provides for a "fines officer", who as an officer of the court will be a civil servant, to manage and administer the collection of fines. Under the schedule the fines officer is able to apply a number of measures to enforce the collection of the fine. The court will have the equivalent powers as well as its existing enforcement powers and will be the independent tribunal for appeal from fines officers' decisions. The new powers of the fines officer and the court, including the appeal process, are set out in primary legislation in Schedule 2.

75.  These new powers allow for an incentive for payment in line with agreed terms (i.e. a discount) and discretion to impose increasingly severe penalties (including an increase in the fine and a clamping order) for continuing default. Where a defaulter does not keep in contact a fines officer can issue a summons requiring the defaulter to attend court. This saves an administrative procedure on the part of the court. Again this power is given to the fines officer by virtue of primary legislation. As the fines collection scheme is being piloted amendments to other acts need to be done by regulations until the completion of the pilots. When the scheme (or a form of the scheme) is implemented nationally these amendments will be placed before Parliament for affirmative resolution by virtue of clause 31. A number of regulations will be needed to deal with the details and procedures of the scheme.

76.  Paragraph 2(5)(b) gives the power to the Lord Chancellor to make regulations for the purpose of giving effect to "the fines collection scheme". Regulations made for this purpose are to be called the "fines collection regulations". Various paragraphs of the Schedule (as listed below) specify the measures for which fine collection regulations may or must be made.

77.  Paragraph 6(3) allows for fine collection regulations to be made to set the level of any discount that may be offered (50% or such lesser amount as may be stipulated). Subsection (6) limits the amount of the discount that can be set in the regulations to not more than 50% of the original fine.

78.  Paragraph 10(3) allows for fine collection regulations to be made to set the level of any increase that may be imposed, that level being limited to no greater than 50% of the original fine.

79.  Paragraph 14(2)(b) defines a clamping order as one that complies with any requirements that are imposed by fines collection regulations with respect to the making of clamping orders. The details of the procedure and safeguards to be taken and circumstances which apply to the making of the order are to be set out in regulations. Paragraph 23(1) lists a number of areas where fine regulations may or must make provisions for the purpose of giving effect to the power to make a clamping order. The regulations may make provisions as to the fitting of immobilisation devices and notices, the removal and storage of motor vehicles and the circumstances or release of the vehicle and for the sale and destruction of the vehicle. The regulations must provide that an immobilisation device may not be fitted where there is reasonable grounds for believing that the vehicle is used for a disabled person.

80.  Paragraph 17(3) allows for fines collection regulations to provide for the fines officer to have the power to issue a summons to ensure a defaulter attends a magistrates' court where the fines officer has referred the case back to court. The summons would be concerned with telling a defaulter the date and time to attend court where the defaulter's case has been sent back to court. Failure to attend in accordance with the summons results in the matter being brought back before the court, where a decision is made as to the issuing of a warrant. The circumstances and procedure for the issuing of the summons will be detailed in the regulations.

81.  Paragraph 24 allows for fines collection regulations to make provision where a person subject to a collection order changes his place of residence. This would detail the procedure in moving a fines collection order to a fines officer of another court and is essentially an administrative requirement.

82.  Paragraph 25 allows for fines collection regulations, for the purpose of giving effect to the Schedule and Section 31, to make provision to modify any enactment which related to the enforcement of sums due. It enables those Acts to be amended for the purposes of the pilot scheme i.e. an amendment to the Attachment to Earnings Act to allow an attachment to earnings order to be made by a fines officer on default or, with the defaulters consent, at any time.

83.  The regulations made under the fines collection regulations by virtue of paragraph 2(5)(b) are concerned with administrative issues, procedures, or details of application. Therefore it is not considered that primary legislation or affirmative resolution would be required for any regulation made in pursuant of paragraph 2(5)(b).

84.  The level of detail and flexibility required suggests that a high level of parliamentary scrutiny is not required. Therefore the regulations will be laid before Parliament and subject to negative resolution.

85.  Clauses 32-34 contain no delegated powers.

Clause 35 - Regulations about payments, accounting and banking by designated officers

86.  Clause 35 contains provisions similar to section 60A of the Justices of the Peace Act and will allow the Lord Chancellor, with the concurrence of the Treasury, to make regulations about the payment, accounting for and banking of money paid to designated officers in the magistrates' courts. As now, no provision is made for any Parliamentary procedure. The power extends to all monies payable to a magistrates' court, not just those (principally fines and court fees) due to the Lord Chancellor. These matters have been left to delegated legislation to avoid including excessive detail which would obscure the main principles of the Bill, and to enable adjustments to be made, for example to reflect changes in accounting practice.

87.  Clauses 36-43 contain no delegated powers.

Clause 44 - Family proceedings courts

88.  Clause 44 provides the Lord Chancellor with powers to grant and remove personal authorisations to justices of the peace and District Judges (Magistrates' Courts) to sit as a member of family proceedings courts. The purpose of this legislation is to ensure that only those justices and District Judges (Magistrates' Courts) authorised by the Lord Chancellor can sit as a member of a family proceedings court. The clause provides that the Lord Chancellor may make rules as to how such authorisations are granted and revoked, how chairmen of family proceedings courts are appointed and as to the composition of family proceedings courts.

89.  The issues to be covered in the rules have been left to delegated legislation as the level of detail makes them inappropriate for primary legislation and also means that they will require amendment from time to time in the light of experience. Currently authorisation systems for magistrates are covered by a complicated mixture of primary and secondary legislation which we believe is inappropriate - we wish to be able to make rules, and alter them, consistently and without need for primary legislation. The rules will only be made after consultation with the new Family Procedure Rule Committee and will be subject to negative resolution.

Clause 45 - Youth courts

90.  Clause 45 provides for the Lord Chancellor to grant and revoke personal authorisations to justices of the peace and District Judges (Magistrates' Courts) to sit in youth courts. The purpose of this legislation is to ensure that only those justices and District Judges (Magistrates' Courts) authorised by the Lord Chancellor can sit in youth courts.

91.  The Lord Chancellor's rule-making powers under this clause are equivalent to those set out in the preceding clause (family proceedings courts), and are proposed for delegation for the same reasons.

Clause 46 - Court security officers

92.  Subsection 2 of clause 46 enables the Lord Chancellor to specify, by way of regulations, the training to be undertaken by court security officers and also any pre-conditions which must be satisfied before anyone can be designated an officer. This is to enable external scrutiny of the proposed training regime and pre-qualification criteria to take place in order to ensure that anyone who is so designated (and consequently entitled to search, exclude, evict, restrain etc) is suitable and trained to undertake their duties.

93.  The matter has been left to delegated legislation as we do not currently know in sufficient detail what the training or pre-qualification criteria will comprise and we are looking to the Home Office experience in training their Community Support Officers to inform this process. This will be subject to negative resolution of either House since these procedures do not justify a high level of parliamentary scrutiny.

94.  Clauses 47-50 contain no delegated powers.

Clause 51 - Regulations about retention of articles

95.  As court security officers will have the power to require surrender of or seize items in certain circumstances, it is essential that any items so retained/seized but which are uncollected are recorded in a suitable way and any eventual disposal adequately recorded. Clause 51 enables the Lord Chancellor to specify the nature of the records which have to be kept about such unclaimed items, the period for retention and the acceptable means of disposal. Again, it is important that these procedures be subject to external scrutiny before implementation to ensure that individuals' rights (of ownership or possession) are not infringed.

96.  It is again proposed that this be by way of negative resolution since the regulations simply ensure that the power to retain articles is subject to suitable safeguards.

97.  Clauses 52-53 contain no delegated powers.

Clause 54 - Functions of inspectors

98.  Clause 54 establishes Her Majesty's Inspectorate of Courts Administration. Clause 54(2) lists the courts which the Inspectorate will inspect. Clause 54(3) provides that the Lord Chancellor may, by order, add or remove courts which are subject to inspection.

99.  Delegated legislation is appropriate since the power deals with administrative arrangements which may need to be changed from time to time in light of experience and availability of resources. The order will be subject to negative resolution since the changes relate to courts which are already the responsibility of the Lord Chancellor.

100.  Clauses 55-58 contain no delegated powers.

Clause 59 - Power to alter judicial titles

101.  Clause 59 delegates power to the Lord Chancellor to alter the titles of certain judicial offices or the way in which the holders of those offices are styled and to make consequential amendments.

102.  The preceding clause (clause 58) deals with a specific problem: the current requirement for an ordinary judge of the Court of Appeal to be styled a "Lord" Justice of Appeal whatever his or her gender. However, because some other titles may need modernisation - to make them more helpfully explanatory to court users or to deal with a change in the general acceptance commanded by titles containing a presumption of male gender - a power to make further changes in delegated legislation is necessary. The Government would wish to consult on any new titles or styles of postholders before making any changes.

103.  The order making power extends only to the titles of the posts and does not impact in any way upon the functions associated with the posts. An order under this clause may be made by the Lord Chancellor, after consultation with the four Heads of Division of the Supreme Court, and is subject to the negative resolution procedure since the power only extends to changing a title - following consultation with the judiciary.

104.  Clauses 60-63 contain no delegated powers.

Criminal Procedure Rules & Practice Directions

105.  The Bill creates a new statutory Criminal Procedure Rule Committee to make criminal procedure rules. At present the Crown Court and the magistrates' courts have their own separate Rule Committees (the Crown Court Rule Committee and the Magistrates' Courts Rule Committee). Acting independently of each other, neither committee has responsibility to ensure consistency across the courts.

Clause 64 - Criminal Procedure Rules

106.  Clause 64 provides that there should be rules of criminal procedure, to be made by a Criminal Procedure Rule Committee. The clause establishes the basis for the exercising of any power to make or alter any criminal procedure rules. Those powers must be exercised with a view to securing that the criminal justice system is accessible, fair and efficient and that the rules should be simple and simply expressed.

107.  The Criminal Procedure Rule Committee will take on responsibilities currently exercised by the Magistrates' Courts Rule Committee and the Crown Court Rule Committee insofar as they relate to rules of criminal procedure. It is intended that the new Committee will develop the rules of procedure, in a more consistent way, for all the criminal courts in England and Wales. This in turn will underpin the goal of greater integration in the criminal justice system.

108.  The power will enable the Committee to make rules governing the practice and procedure to be followed in the criminal courts. The power (see clause 66) is required in order to ensure that the Committee has flexibility to address all procedures. The power is necessary in order to enable Committee to make prompt arrangements to ensure that the courts are positioned to introduce new procedures required as a result of further primary legislation. The procedure for making rules is contained in clause 67.

109.  Clause 65 contains no delegated powers.

Clause 66 - Power to change certain requirements relating to Committee

110.  Clause 66 contains powers to enable the Lord Chancellor, after consulting the Lord Chief Justice, to change the composition of the Criminal Procedure Rule Committee and to make any consequential changes to any other provision in clause 65 in which membership of the Committee is set out.

111.  These powers are required in order to provide flexibility in the arrangements for the constitution of the Committee and are necessary in order to ensure that, once established, the Committee will continue to be representative of the criminal justice community without requiring further primary legislation. The power to amend the membership is similar to those already established in statute for the Magistrates' Courts Rule Committee - s.144(2) of the Magistrates' Courts Act, 1980, refers. However, this clause proposes that the Lord Chancellor must consult the Lord Chief Justice before making any such order.

112.  A high level of Parliamentary scrutiny is not necessary since the changes will only be made to enable the effective working of the Committee. Delegated legislation is appropriate since the power deals with administrative arrangements which may need to be changed from time to time. Negative resolution is appropriate as the Lord Chancellor must consult with the Lord Chief Justice beforehand and changes will only be made to enable the effective working of the Criminal Procedure Rule Committee.

113.  This power will be exercised by order, to mirror the arrangements already in existence for the Civil Procedure Rule Committee and is in keeping with provisions for the new Family Procedure Rule Committee.

Clause 67 - Process for making Criminal Procedure Rules

114.  Clause 67 sets out the procedure to be followed by the Criminal Procedure Rule Committee in making rules and by the Lord Chancellor in dealing with those rules.

115.  When the Criminal Procedure Rule Committee is established, the power to make rules of criminal procedure will be vested in one Committee. The new arrangements will enable the Committee to review the procedures to be followed in the criminal courts and introduce simple rules to establish efficient practices. The Rules made by the Committee will be submitted to the Lord Chancellor as a matter of course.

116.  Clause 67 provides for the Lord Chancellor, with the concurrence of the Home Secretary, to allow, disallow or alter rules made by the Committee. The power to alter any rules made by the Committee is required in order to ensure consistency in the making of rules of court. It is not intended that the Lord Chancellor should use this power to make rules of his own volition or to add something unrelated to the Rules made by the Committee and the Rules may only be altered after consultation with the Committee.

117.  This provision will be subject to negative resolution of either House. The power to make rules of court has historically been established in primary legislation and is exercised by delegated legislation. It is not considered necessary to alter this arrangement. As with other rules of court, Criminal Procedure Rules will be subject to frequent review and, as necessary, amendment. A high level of Parliamentary scrutiny is not considered appropriate for two reasons. First, that the power is to be exercised with the agreement of the Home Secretary and second, given the historical precedents of the powers of the Lord Chancellor to make rules of court, for example in s. 144(4) of the Magistrates' Courts Act, 1980 and s. 84(8) of the Supreme Court Act, 1981. There is no reason to alter the method for the new Committee, as similar flexibility to make rules is required.

Clause 68 - Power to amend legislation in connection with the rules

118.  Clause 68 introduces a power for the Lord Chancellor, with the agreement of the Home Secretary, to amend or repeal any enactment, or amend or revoke any provision of subordinate legislation, to the extent considered necessary or desirable in order to facilitate the making of Criminal Procedure Rules, or in consequence of Criminal Procedure Rules.

119.  The power is needed in order to ensure that any anomalies in the criminal law can be dealt with promptly and appropriately, enabling new procedures and practices to be introduced. The power will enable the Lord Chancellor, in consultation with the Home Secretary, to take swift remedial action. The scope of this power is narrowly defined, being limited to the facilitating of the making of Criminal Procedure Rules, or in consequence of Criminal Procedure Rules. It would not be practical or desirable to detail such provisions in primary legislation.

120.  We have also taken note of the 1973 Joint Committee's recommendations on Delegated Legislation - amendments by virtue of this section will be relatively minor and affirmative resolution would not be justified. This adopts a similar approach to that specified for rules of civil procedure, as set out in the Civil Procedure Act, 1997. In this case, however, the Lord Chancellor will only exercise the power with the express agreement of the Home Secretary, who has responsibility for criminal policy.

121.  Clause 69 contains no delegated powers.

Family Procedure Rules & Practice Directions

122.  Clauses 70-76 of the Bill make provision for a single Family Procedure Rule Committee with power to make rules for the magistrates' courts as well as the higher family courts. This is consistent with the criminal procedure changes. Clauses 71-73 contain the basis for the establishment of the Committee.

123.  Clauses 70-72 contain no delegated powers.

Clause 73 - Power to change certain requirements relating to Committee

124.  The power in clause 73 allows the Lord Chancellor, after consulting the President of the Family Division, to alter the composition of the Family Procedure Rule Committee (FPRC) by order.

125.  This matter has been left to delegated legislation as it is felt that should the composition of the committee need to be altered, it would be an inappropriate use of Parliamentary time if this had to be done by primary legislation. In light of the experience of the Civil Procedure Rule Committee, and as the FPRC is a new body, it is considered necessary to have the power to alter the composition of the FPRC by secondary legislation. Negative resolution is appropriate since the Lord Chancellor must consult with the President of the Family Division before amending the membership of the Committee and changes will only be made to enable the effective working of the FPRC.

Clause 74 - Process for Making Family Procedure Rules

126.  The power enshrined in clause 74 enables the Family Procedure Rule Committee to make rules for all levels of court in the family jurisdiction by delegated legislation. The Rules made by the Committee will be submitted to the Lord Chancellor by the Family Procedure Rule Committee as a matter of course.

127.  The power to make rules of court has historically been left to delegated legislation, and it is not considered necessary to alter this arrangement. (The power to make rules is set out in primary legislation and is exercised by delegated legislation). As with other rules of court, Family Procedure Rules are likely to need frequent amendment. Rules contained in primary legislation would be unwieldy and inflexible. The Family Procedure Rules are, like other rules of court, procedural rules which are best settled in the light of judicial and legal experience. The Rules will be made by negative resolution. This mirrors the provisions in the Civil Procedure Act, which established the Civil Procedure Rule Committee and which was the model closely followed in developing the FPRC.

Clause 75 - Power to amend legislation in connection with the rules

128.  Clause 75 mirrors the provision put forward in relation to the Criminal Procedure Rule Committee (CrimPRC), and is modelled on s.4 of the Civil Procedure Act 1997 (CPA 1997).

129.  At present s.4 of the CPA 1997 allows the Lord Chancellor by order to amend, repeal or revoke any enactment in consequence of Civil Procedure Rules (subject to negative resolution), and under s.4(2) to the extent the Lord Chancellor considers necessary or desirable to facilitate the making of Civil Procedure Rules (subject to affirmative resolution).

130.  Clause 75 allows the Lord Chancellor to amend, repeal or revoke primary legislation in anticipation of, or as a consequence of Family Proceedings Rules, and this will be subject to the negative resolution procedure.

131.  The great majority of amendments, repeals and revocations made by virtue of this section will be relatively minor and will not justify affirmative resolution. We have also taken note of the 1973 Joint Committee on Delegated Legislation's recommendations. It would be useful to retain the affirmative resolution procedure for those orders which make substantial revision to provisions of Acts of Parliament. However, there appears to be no real objective criterion by which such amendments could be judged or defined. In practical terms, we would expect any amendments to Acts of Parliament in anticipation, or as a consequence, of Family Procedure Rules would be limited to minor 'tidying' measures, for example alteration of nomenclature, i.e. altering 'writ' to 'claim form', and not substantive alterations. There is not, therefore, any need for affirmative resolution procedure in this case.

132.   Clauses 76-78 contain no delegated powers.

Clause 79 - Power to change certain requirements relating to Committee

133.  Clause 79 allows the Lord Chancellor to alter the composition of the Civil Procedure Rule Committee (CivilPRC) after consultation with the judiciary. This power to amend the composition of the Committee only extends to appointed members under s.2 (2) of the Civil Procedure Act 1997. This is necessary to accommodate the development of the Civil Procedure Rules and the need for the Committee to have the necessary expertise available from its membership. This will be subject to negative resolution of either House of Parliament, the same level of scrutiny as for the rules made by the committee. A high level of parliamentary scrutiny is not necessary since the changes will only be made to enable the effective working of the CivilPRC.

Clause 80 - Process for making Civil Procedure Rules

134.  The Civil Procedure Rules (CPR), created under the Civil Procedure Act 1997 (the 1997 Act), govern the practice and procedure of the civil division of the Court of Appeal, the High Court and the county courts.

135.  Clause 80 allows for the Lord Chancellor to allow, disallow or alter rules made by the Committee. It is not intended that the Lord Chancellor should use this power to make rules of his own volition or to add something unrelated to the Rules made by the Committee, and the Rules may only be altered after consultation with the Committee.

136.  This provision will be subject to negative resolution of either House of Parliament given the historical precedents. Historically the power of the Lord Chancellor to alter County Court rules dates back to the County Courts Act 1888 and the rules of the Supreme Court could only be made with the agreement of the Lord Chancellor.

137.  Clauses 81-86 contain no delegated powers.

Clause 87 - Fees  

138.  Clause 87 provides a single unified power for the Lord Chancellor to prescribe the fees payable in the Supreme Court, county courts and the magistrates' courts. This single power replaces the current separate powers under section 130 of the Supreme Court Act 1981, section 128 of the County Courts Act 1984 and section 137 of the Magistrates' Courts Act 1980 for civil work; and s.137(4) of the Magistrates' Courts Act 1980 and s.41 of the Matrimonial and Family Proceedings Act 1984 for family work.

139.  The power provides for the Lord Chancellor to make either a single fees order covering all three tiers of court or separate orders covering one or more tiers of court. It will also allow the Lord Chancellor to set different fees and different levels of fees for the three different tiers of court, and to set different fees for family, civil and criminal matters.

140.  This power is to be contained in delegated legislation as it is sometimes necessary to amend the level of court fees if the business costs and requirements of the courts change during a year, due to unforeseen circumstances. It is also sometimes necessary to set new fees, for example, as a result of the introduction of new Government legislation which may place new or additional requirements on the courts. These changes may need to be introduced quickly. As such, it would not be appropriate for such matters to be dealt with on the face of the Bill, or to require further primary legislation.

141.  In common with the convention adopted by both Houses of Parliament in respect of Fees Orders issued under the current separate powers, any Fees Orders laid under the new unified fee setting power will be laid before Parliament and will not be subject to affirmative or negative resolution. However, any Fees Orders made under this new power will be subject to obtaining the Treasury's consent and wide consultation with the relevant Heads of Division, the Head and Deputy Head of Civil Justice, and for civil business only, the Civil Justice Council; as well as, in relation to family and criminal matters, such other body as the Lord Chancellor considers appropriate. Proposals for a body similar to the Civil Justice Council for the family justice system are currently being considered. Should this body be established, it would be consulted on family fee increases. The same will apply in relation to the non-statutory Criminal Justice Council likely to be created as part of the Home Office's Auld reforms. Until then there is no appropriate body to consult in relation to family and criminal fees.

142.  Subsection 2 of clause 87 enables the Lord Chancellor when exercising his order making power under subsection 1, to make provision for fees concessions in the areas of automatic exemption from the payment of fees, and remission and reductions of fees. The Lord Chancellor already prescribes the criteria for exemption, remission and reduction of fees in the exercise of his general power to prescribe the fees to be taken in the Supreme Court and county courts, whereas for the magistrates' courts it is expressly provided in section 138 and Part 1 of Schedule 6 of the Magistrates' Courts Act 1980. Subsection 2 lays out, expressly, that the Lord Chancellor may exercise his fee making power in relation to exemption, remission or reduction of court fees in all of these courts and will allow the introduction of a single unified scheme.

143.  This is contained in delegated legislation as the criteria for automatic exemption in the Supreme and County Courts are linked to qualifying social security benefits or tax credits which may change and need to be dealt with quickly.

144.  Currently, criteria for exemptions from paying fees are laid before Parliament and are not subject to affirmative or negative resolution. Unlike the existing powers, the Bill ensures that the criteria for automatic exemption from court fees will (like the rest of any proposed fees order) be subject to wide consultation with the judiciary and appropriate bodies as above. The remission or reduction of court fees is not automatic and is subject to the exercise of discretion by court officers on behalf of the Lord Chancellor. Guidance and criteria for court staff will be placed in the libraries of the Houses of Parliament.

Clause 88 - Award of costs against third parties

145.  Clause 88 gives the Lord Chancellor the power to make regulations empowering the courts to order costs against a non-party. This is achieved by inserting a new section into Part 2 of the Prosecution of Offences Act 1985.

146.  The draft clause therefore inserts a new section (section 19B), into the 1985 Act. Sections 19B(1), 19B(2) and 19B(3) empower the Lord Chancellor to make the relevant regulations, allowing the criminal courts to order a non-party to pay all or some of any costs wasted or incurred unnecessarily by a party or parties to proceedings as a result of the improper or unnecessary action of a third party.

147.  Section 19 of the Prosecution of Offences Act 1985 deals with costs incurred by one party as a result of the improper or unnecessary action of another. Section 19(1) of the 1985 Act is a regulation-making power for the Lord Chancellor to empower the criminal courts to make an order for costs incurred "as a result of an unnecessary or improper act or omission by, or on behalf of, another party to the proceedings". The new section seeks to extend potential liability for such unnecessary costs to third parties. It follows section 19 in providing for the Lord Chancellor to introduce the power by making regulations. This approach would enable the Lord Chancellor to provide that only some levels of criminal court should have the new power.

148.  Subsection 19B(4) provides for the regulations to deal with issues of detail:

  • paragraph (a) allow regulations to prescribe when an order can be made; this could be at any time during the proceedings or for a reasonable afterwards;
  • paragraphs (b) and (c) enable regulations to ensure that the court may take account of other costs orders, or grant of funding by the Legal Services Commission, made in the proceedings.

Similar powers are already provided by subsection 19(2) of the 1985 Act.

149.  Subsections 19B(5) and 19B(6) require regulations to provide a right of appeal against the making of a third party order at (5) and (6) by a magistrates' court or the Crown Court. Similar powers already exist in section 19A(2) of the 1985 Act.

150.  The new powers, like the regulation making powers that can already be found in sections 19, 19A and 20 of the 1985 Act, will be subject to the negative resolution procedure. As the clause is concerned with the court's power to make an order for costs, which is primarily a procedural matter, it is appropriate that this is dealt with in secondary rather than primary legislation. The proposed regulation making power will provide a remedy that would be used only at the court's discretion.

151.  Clause 89 contains no delegated powers.

Clause 90 - Register of judgments and orders etc.

152.  Clause 90 when enacted will repeal sections 73 and 73A of the County Courts Act 1984. Under the County Courts Act a register of judgements and orders is kept. A new register of default will be created by this new clause so that one register can be kept for all defaults in the civil and criminal courts.

153.  Subsection (2) allows for regulations to be made by the Lord Chancellor for the purpose of clause 90, and subsection (3) lists specific areas that the regulations may provide for. These include circumstances previously included in section 73, which are: exclusion of specified classes of judgments, orders or adjudged sums and the circumstances in which they can be exempted. Additional requirements are contained in clause 90 so that regulations may be made to prescribe the circumstances in which an entry in the register is to be cancelled and in 3(d) to allow for the circumstances in which default in the criminal courts can be registered. The civil defaults work in the way that all judgements are registered unless one of the exceptions applied. Subsection 3(d) is necessary as in criminal cases only certain cases, i.e. where default has occurred, will be registered and they will be considered on an individual basis. The registering of criminal defaults is a measure that can be used by the fines officers or magistrates' court under the fines collection scheme contained in Schedule 2.

154.  It is not considered that a high level of scrutiny by Parliament would be required for details of the circumstances and procedure concerning an entry on the register. Therefore primary legislation or affirmative resolution would not be suitable and it is proposed that the regulations be laid before Parliament and subject to negative resolution. This would also be in keeping with the current practice as set out in section 73 of the County Courts Act 1984.

Clause 91 - High Court writs of execution

155.  Clause 91 and Schedule 5 to the Bill provide for a new system of enforcement of High Court writs, removing this obligation from Sheriffs.

156.  Paragraph 4(5) of the schedule allows the Lord Chancellor or his delegate to approve the arrangements that will apply in certain circumstances for the allocation of writs to enforcement officers. These will be administrative arrangements based on existing arrangements for the distribution of writs to Under Sheriffs. The character and detailed nature of those arrangements, and the importance of being able to amend and adapt them swiftly and informally, make it appropriate for them to be approved in this way.

157.  Paragraph 12 of the schedule delegates to the Lord Chancellor the power to make regulations defining enforcement districts (see also paragraph 1 of the schedule), prescribing the fees to be taken by enforcement officers, and making detailed provision in relation to the authorisation of enforcement officers. The regulations will be subject to negative resolution. The character and detailed nature of those various provisions make them appropriate for delegation to the Lord Chancellor, and inappropriate to affirmative resolution. Fees are likely to be modelled closely on the sheriffs' fees already fixed by the Lord Chancellor under section 20 of the Sheriffs Act 1887. The Lord Chancellor will be required to consult with the Heads of Division of the High Court, the Master of the Rolls and the Head of Civil Justice (if not one of those others). Each of those senior judges has an obvious interest in the effective enforcement of the High Court's judgments.

Clauses 92 and 93 - Periodical payments: jurisdiction and security

158.  Clause 92 replaces section 2 of the Damages Act 1996 for England, Wales and Northern Ireland with new sections 2, 2A and 2B, and gives courts the power to order periodical payments for future pecuniary loss in personal injury cases without the consent of the parties. It also requires courts to consider whether to make such an order. The amendments implement proposals set out in the LCD's consultation paper "Damages for Future Loss", published in March 2002 and which were supported by the majority of those who responded to the consultation.

159.  Subsection (1) of new section 2A provides that Civil Procedure Rules may require the court to take specified matters into account when considering a) whether to order periodical payments, b) the security of the continuity of payment and c) whether to approve an assignment or charge. The Civil Procedure Act 1997 provides that Civil Procedure Rules are subject to annulment in pursuance of a resolution of either House of Parliament.

160.  Subsection 2A (1) (a): Periodical payments

Subsection (1) of the new section 2 provides that courts may order periodical payments without consent. This creates a new judicial power and it is necessary to provide criteria to assist the judiciary and the parties in identifying appropriate cases, and to ensure clarity and consistency in its application. In addition, as this is a developing area of law, it is essential that there is flexibility to adjust the specified matters in the light of experience. For these reasons, and given the level of detail required, provisions governing the appropriate use of periodical payments are thought to be best dealt with through delegated legislation.

Subsection 2A (1) (b): Security of the continuity of payment

It is essential that periodical payments for future loss are secure, and that they are protected in the event of the failure of the funding provider. The court will need to be satisfied as to this security before making a periodical payment order. The Bill provides statutory protection for periodical payments made by insurers and certain public bodies under section 4 of clause 93. However, it may be that the court will be asked to consider other funding options that may emerge or develop in light of experience. It is envisaged that any rules made under subsection 1(b) of new section 2A would specify matters that the court should consider when assessing the security of funding methods that do not attract the statutory protection provided by the Bill. It is essential that these matters can be specified or changed swiftly in the light of experience and to reflect any future developments in funding options. This is therefore thought best dealt with through delegated legislation.

Subsection 2A (1) (c): Assignment

Subsection (6) of new section 2 prevents assignment of the right to receive periodical payments without the approval of the court. Rules will provide the judiciary with guidance on what the court should take into account when considering whether compelling reasons exist for assignment. The level of detail and substance of this is thought inappropriate for primary legislation and it is therefore best dealt with in delegated legislation.

161.  Subsection (1) of new section 2B provides that the Lord Chancellor may by Order enable a court which has made an order for periodical payments to vary the order in specified circumstances. Subsection (2) provides that the Lord Chancellor may by order enable a court to vary periodical payments provided for in a settlement, where the terms of the settlement expressly permit a party to apply for variation.

162.  In order to meet the future needs of claimants most accurately, it is considered desirable that under certain circumstances the court should be able to vary the level of payments specified in the original order or settlement. Subsections 2B(1) and (2) provide a power for the Lord Chancellor to prescribe the circumstances under which courts can vary original orders or settlements for periodical payments. Subsection 2B(3) lists the nature of the provisions that such an order for variation might contain.

163.  It is considered appropriate that provisions governing the specific nature of variable periodical payments should be contained in delegated legislation. This is a developing area of law and one which the Government considers requires a cautious approach to strike the right balance between ensuring that claimants receive compensation which accurately reflects their needs without imposing unacceptable burdens on the NHS and insurers. It is intended initially to provide only very limited scope for variation in line with the results of the recent consultation. Subsequently, in the light of experience, and developments in the insurance market, the Government may wish to extend or limit further the extent of review. Any order will be subject to appropriate consultation and affirmative resolution.

164.  Subsection (4) of the new section 2B is a power to amend primary legislation that will allow consequential amendments to be made to legislation concerning provisional damages. Section 32A of the Supreme Court Act 1981 provides that a court may make an order for provisional damages and may then, at a later date, make an order for further damages. As provisional damages may in future be awarded alongside variable periodical payments, consequential amendments might need to be made to the 1981 Act to ensure consistency of approach in application and procedure.

165.  Subsection (6)(c) of the new section 2B provides that an order made under subsection 2B(1) or (2) shall be subject to approval by resolution of each House of Parliament; this is because the order contains a power to amend primary legislation, may be controversial and may have financial implications for claimants, defendants and their insurers. Subsection (6) (b) of the new section 2B provides that the exercise of the power is subject to a duty of prior consultation with such persons as the Lord Chancellor thinks appropriate.

Clause 94 - Power to alter judicial titles: Northern Ireland

166.  Clause 94 delegates power to the Lord Chancellor to alter the titles of certain judicial offices or the way in which the holders of those offices are styled and to make consequential amendments in Northern Ireland. This is the same provision as that in clause 59 for England and Wales.

167.  Clauses 95-97 contain no delegated powers.

Clause 98 - Minor and consequential amendments, repeals, etc

168.  Clause 98 enacts the consequential and repeal Schedules of the Bill. Subsection (3) allows the Lord Chancellor to make an order for supplementary, consequential and transitional provisions, while subsection (4) makes it clear that such an order can, if necessary, amend or repeal other enactments. This type of clause is not unusual in Bills which reform existing statutory schemes and therefore require transitional provisions and/or which have a large number of consequential amendments, see for example the Adoption and Children Act 2002. The Bill does not currently include any transitional provisions and Ministers will decide in due course whether they will seek to introduce any such provisions by amendment to the Bill. If that is not possible, then a power to make transitional provision by order is essential, for example to make provision for existing court security staff in the higher courts to be designated court security officers and acquire the enhanced security powers in Part 4, or to ensure that information registered in the current register of judgments can be transferred to the new register of judgments and orders. Schedule 6 contains 312 minor and consequential amendments arising from, among other things, provisions in this Bill abolishing magistrates' courts committees, the post of justices' chief executive, commission areas and petty sessions areas. Given the scale of these consequential amendments, the power contained in clause 98 is considered necessary for two reasons. Firstly, further statutory references in need of amendment may come to light that have not been provided for in the Bill. Secondly, and more importantly, Bills in the current parliamentary session that contain references to petty sessions areas could be implemented before provisions in the Courts Bill, requiring a consequential amendment.

169.  This has been left to delegated legislation as these are transitional, minor and consequential provisions which are necessary to fulfil the provisions of the Bill, once it has been scrutinised and completed its parliamentary passage. The consequential amendments will not affect the substance of the statutes concerned. It is also impossible to know which other Bills in the session will get Royal Assent before the Courts Bill. This is subject to negative resolution in view of the fact that these will only be transitional and consequential amendments and follows precedents in other legislation.

170.  Clauses 99-101 contain no delegated powers.

Clauses containing powers to make secondary legislation
Page no
Clause no
Title
Affirmative or Negative Resolution
4
4
Establishment of court administration councils
Negative
4
8
Local justice areas
Laying only (first order) then negative
5
12
Lay justices' allowances
Negative
5
14
Chairmen and deputy chairmen: selection
Negative
6
15
Right to preside and size of bench
Negative
6
22
Justices' clerks and assistant clerks (qualifications)
Negative
6
23
Functions (of justices' clerks and assistants)
Negative
7
29
Costs in legal proceedings
Affirmative
7
31

(Schedule 2)
Fines officers
Negative/

Affirmative
10
35
Regulations about payments, accounting and banking by designated officers
Negative
10
44
Family proceedings courts
Negative
11
45
Youth courts
Negative
11
46
Court security officers
Negative
11
51
Regulations about retention of articles
Negative
12
54
Functions of inspectors
Negative
12
59
Power to alter judicial titles
Negative
13
66
Power to change certain requirements relating to Committee
Negative
14
67
Process for making Criminal Procedure Rules
Negative
14
68
Power to amend legislation in connection with the rules
Negative
15
73
Power to change certain requirements relating to Committee
Negative
15
74
Process for making Family Procedure Rules
Negative
16
75
Power to amend legislation in connection with the rules
Negative
16
79
Power to change certain requirements relating to Committee
Negative
17
80
Process for making Civil Procedure Rules
Negative
17
87
Fees
Laying only
18
88
Award of costs against third parties
Negative
19
90
Register of judgments & orders etc.
Negative
20
Schedule 5 (91)
High Court writs of execution
Negative
20
92
Periodical payments: jurisdiction
Affirmative
22
94
Power to alter judicial titles: Northern Ireland
Negative
22
98
Minor and consequential amendments, repeals, etc
Negative




 
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