The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 100

FAMILY COURT, ENGLAND AND WALES

JUSTICES OF THE PEACE, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020

Made27thJanuary2020

Laid before Parliament3rdFebruary2020

Coming into force6thApril2020

The Lord Chancellor, in exercise of the powers conferred by section 3(2) and (4) of the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018( 1), makes the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 and come into force on 6th April 2020.

(2) In these Regulations, “the 2018 Act” means the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.

(3) These Regulations extend to England and Wales.

Consequential provision

2. The Schedule makes consequential provision in relation to the Schedule to the 2018 Act.

Saving provision: rules of court

3. Notwithstanding the repeal by paragraphs 19 and 38 of the Schedule to the 2018 Act of paragraph 2 of Schedule 1 to the Civil Procedure Act 1997( 2) and section 51(2)(d) of the Mental Capacity Act 2005( 3) (exercise of jurisdiction by officers or other staff of the court)—

(a) any provisions of the Civil Procedure Rules 1998( 4), as in force immediately before the coming into force of the repeal of paragraph 2 of Schedule 1 to the Civil Procedure Act 1997, which provide for functions which would be relevant judicial functions within the meaning of section 67A of the Courts Act 2003( 5) to be performed by officers or other staff of the court, shall continue in force and shall have effect as if made under section 67B(1) of the Courts Act 2003 and may be varied or revoked accordingly;

(b) any provisions of the Court of Protection Rules 2017( 6), as in force immediately before the coming into force of the repeal of section 51(2)(d) of the Mental Capacity Act 2005, which provide for functions which would be relevant judicial functions within the meaning of section 67A of the Courts Act 2003 to be performed by officers or other staff of the court, shall continue in force and shall have effect as if made under section 67B(1) of the Courts Act 2003 and may be varied or revoked accordingly.

Transitional provision

4. On and after 6 April 2020, anything done before that date by a justices' clerk or an assistant to a justices' clerk under any of the provisions amended by the Schedule shall, so far as necessary for its continuing validity, for any question as to its validity or for any proceedings in respect of it, have effect as if done under that provision as so amended.

27th January 2020

Chris Philp

Parliamentary Under Secretary of State]

Ministry of Justice

SCHEDULE

Regulation 2

CONSEQUENTIAL PROVISION

Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975

1.—(1) The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975( 7) is amended as follows.

(2) In Schedule 1—

(a) in Part II (offices, employments and work), in paragraph 4, for “justices' clerks and assistants to justices' clerks” substitute “justices' legal advisers”;

(b) in Part IV (interpretation), for the definition of “assistants to justices' clerks” substitute—

““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003( 8);”.

Amendment of the Magistrates' Courts Rules 1981

2.—(1) The Magistrates' Courts Rules 1981( 9) are amended as follows.

(2) In rule 2 (interpretation), in paragraph (1), after the definition of “the Act of 1998” insert—

““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(3) In rule 3A (case management), in paragraph (7)(a), for “, justices' clerk or assistant to a justices' clerk” substitute “or justices' legal adviser”.

(4) In rule 86 (requirements to be complied with before release), in paragraph (1)(b), for “a justices' clerk” substitute “a justices' legal adviser”.

Amendment of the Costs in Criminal Cases (General) Regulations 1986

3. In regulation 5 (the appropriate authority) of the Costs in Criminal Cases (General) Regulations 1986( 10), in paragraph (2)(d), for “the justices' clerk” substitute “a justices' legal adviser (a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003)”.

Amendment of the Magistrates' Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991

4. In rule 2 (general) of the Magistrates' Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991( 11), in paragraph (2), for “justices' clerk” substitute “designated officer for the court”.

Amendment of the Civil Procedure Rules 1998

5.—(1) The Civil Procedure Rules 1998( 12) are amended as follows.

(2) In rule 2.3 (interpretation), in paragraph (1) after the definition of “jurisdiction” insert—

““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(3) In rule 65.48 (recognizance), in paragraph (1)(c), for “clerk” substitute “legal adviser”.

(4) In rule 77.6 (scope and interpretation), in paragraph (3)(d)(ii), for “clerk” substitute “legal adviser”.

Amendment of the Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999

6.—(1) The Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999( 13) are amended as follows.

(2) In rule 3 (hearsay notices), in paragraph (2), omit “or the justices' clerk”.

(3) In rule 4 (power to call witness for cross-examination on hearsay evidence)—

(a) in paragraph (3)(a), for “justices' clerk” substitute “designated officer for the court”;

(b) in paragraph (5)—

(i) after “The court”, omit “or the justices' clerk”;

(ii) after “if the court”, omit “or the justices' clerk, as the case may be,”.

Amendment of the Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002

7.—(1) The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002( 14) are amended as follows.

(2) In rule 5 (interim orders)—

(a) in paragraph (1), for “justices' clerk” substitute “court”;

(b) in paragraph (2)—

(i) for “justices' clerk” substitute “court”;

(ii) for “he” substitute “it”.

(3) Omit rule 8 (delegation by justices' clerk).

Amendment of the Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002

8. In rule 2 (interpretation) of the Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002( 15), omit paragraph (b) (definition of “justices' clerk”).

Amendment of the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003

9. In rule 2 (application for forfeiture) of the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003( 16), in paragraph (2), for “justices' clerk” substitute “designated officer for the court”.

Amendment of the Community Legal Service (Funding) Order 2007

10.—(1) The Community Legal Service (Funding) Order 2007( 17) is amended as follows.

(2) In article 3 (interpretation), in paragraph (1)—

(a) omit the definition of “assistant to a justices' clerk”;

(b) omit the definition of “justices' clerk” and in its place insert—

““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”.

(3) In Schedule 1 (fees and hourly rates)—

(a) in Table 2(c), in the second column, for “Assistant to a justices' clerk, justices' clerk” each of the 5 times those words occur, substitute “Justices' legal adviser”;

(b) in Table 3(e), in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;

(c) in Table 3(f), in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;

(d) in Table 3(g), in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;

(e) in Table 9(a), in the heading to the third column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;

(f) in Table 9(b), in the heading to the third column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”.

(4) In Schedule 2 (family advocacy scheme: fees and rates)—

(a) in Table 1(a), in the first column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;

(b) in Table 1(b), in the first column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;

(c) in Table 2(a), in the first column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;

(d) in Table 2(b), in the first column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;

(e) in Table 2(c), in the first column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”.

Amendment of the Magistrates' Courts Fees Order 2008

11. In Schedule 1 (fees to be taken) to the Magistrates' Courts Fees Order 2008( 18), in the Note below fee 2.1, for “justices' clerk” substitute “justices' legal adviser”.

Amendment of the Family Proceedings Fees Order 2008

12. In Schedule 1 (fees to be taken) to the Family Proceedings Fees Order 2008( 19), in fee 6.1, for “, a justices' clerk or an assistant to a justices' clerk” substitute “or a justices' legal...

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