39 Limits to requirements about application of receipts
(1) Section 38(1) is subject to section 139 of the 1980 Act (sums paid on summary conviction applied for payment of compensation and costs).
(2) Paragraphs (a) and (b) of section 38(1) do not apply to sums which, by or under any enactment, are directed to be paid to—
(a) the Commissioners of Customs and Excise, or
(b) officers of, or persons appointed by, the Commissioners.
(3) Those paragraphs also do not apply to sums which, by or under any enactment, are directed—
(a) to be paid to or for the benefit of—
(i) the party aggrieved or injured or a person described in similar terms, or
(ii) the family or relatives of a person described in any such terms or of a person dying in consequence of an act or event which constituted or was the occasion of an offence,
(b) to be applied in making good any default or repairing any damage or reimbursing any expenses (other than those of the prosecution), or
(c) to be paid to any person, if the enactment refers in terms to awarding or reimbursing a loss or to damages, compensation or satisfaction for loss, damage, injury or wrong.
(4) Paragraph (c) of section 38(1) does not apply to—
(a) sums to which a person other than the Lord Chancellor is by law entitled and which are paid to that person, or
(b) sums received by a designated officer on account of his salary or expenses as such.
(5) Any sum paid to the Lord Chancellor by virtue of paragraph (c) of section 38(1) is to be paid to him subject to being repaid to any person establishing his title to it.
40 Regulations about payments, accounting and banking by designated officers
(1) The Lord Chancellor may, with the concurrence of the Treasury, make regulations—
(a) as to the times at which, and the manner in which, a designated officer is to pay sums payable by him in his capacity as such to the Lord Chancellor or any other person,
(b) requiring the keeping of accounts by designated officers in respect of sums received by them,
(c) as to the production, inspection and audit of accounts required to be kept, and
(d) requiring designated officers to use—
(i) specified banking arrangements or facilities, or
(ii) banking arrangements or facilities of a specified description,
in relation to sums received by them.
(2) Regulations under this section may make different provision in relation to different descriptions of designated officer.
41 Disqualification of lay justices who are members of local authorities
(1) A lay justice who is a member of a local authority may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
(a) that local authority,
(b) a committee or officer of that local authority, or
(c) if that local authority is operating executive arrangements (within the meaning of Part 2 of the Local Government Act 2000 (c. 22))—
(i) the executive of that local authority (within the meaning of that Part), or
(ii) any person acting on behalf of that executive.
(2) A lay justice who is a member of the Common Council of the City of London may not act as a member of the Crown Court or a magistrates' court in proceedings brought by or against, or by way of an appeal from a decision of—
(a) the Corporation of the City,
(b) the Common Council, or
(c) a committee or officer of the Corporation or the Common Council.
(3) A joint committee, joint board, joint authority or other combined body—
(a) of which a local authority, the Corporation or the Common Council is a member, or
(b) on which the local authority, the Corporation or the Council is represented,
is to be regarded for the purposes of this section as a committee of the local authority, Corporation or Common Council.
(4) Any reference in this section to an officer of—
(a) a local authority,
(b) the Corporation, or
(c) the Common Council,
is to a person employed or appointed by, or by a committee of, the local authority, Corporation or Common Council in the capacity in which he is employed or appointed to act.
(5) No act is invalidated merely because of the disqualification under this section of the person by whom it is done.
(6) “Local authority” means—
(a) a local authority within the meaning of the Local Government Act 1972 (c. 70),
(b) a local authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) the London Fire Commissioner,
(e) a joint authority established under Part 4 of the Local Government Act 1985 (c. 51),
(ea) an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009,
(eb) a combined authority established under section 103 of that Act,
(ec) a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023,
(f) a National Park Authority,
(g) the Broads Authority, or
(h) a housing action trust established under Part 3 of the Housing Act 1988 (c. 50).
(7) In the application of this section to the London Fire Commissioner, the reference in subsection (1) to a member of the local authority is to the person who is for the time being the Commissioner.
42 Effect of Act of Settlement on existing justices of the peace
Nothing in section 3 of the Act of Settlement (1700 c. 2) (certain persons born outside the United Kingdom) invalidates—
(a) any appointment, whether made before or after the passing of this Act, of a justice of the peace, or
(b) any act done by virtue of such an appointment.
(1) For section 1(1) of the 1980 Act (issue of summons to accused or warrant for his arrest), substitute—
(1) On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—
(a) a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or
(b) a warrant to arrest that person and bring him before a magistrates' court.
(2) Omit section 1(2), (5) and (8) of the 1980 Act.
For section 2 of the 1980 Act substitute—
Trial of summary offences
2 (1) A magistrates' court has jurisdiction to try any summary offence.
(2) A magistrates' court has jurisdiction as examining justices over any offence committed by a person who appears or is brought before the court.
(3) Subject to—
(a) sections 18 to 22, and
(b) any other enactment (wherever contained) relating to the mode of trial of offences triable either way,
a magistrates' court has jurisdiction to try summarily any offence which is triable either way.
(4) A magistrates' court has jurisdiction, in the exercise of its powers under section 24, to try summarily an indictable offence.
(5) This section does not affect any jurisdiction over offences conferred on a magistrates' court by any enactment not contained in this Act.
(1) Schedule 3 contains amendments of the 1980 Act relating to rulings at pre-trial hearings in magistrates' courts.
(2) The amendments made by the Schedule apply in relation to pre-trial hearings beginning on or after the day on which it comes into force.
(1) After section 27 of the 1980 Act insert—
Transfer of criminal proceedings
Power to transfer criminal proceedings
27A (1) Where a person appears or is brought before a magistrates' court—
(a) to be tried by the court for an offence, or
(b) for the court to inquire into the offence as examining justices,
the court may transfer the matter to another magistrates' court.
(2) The court may transfer the matter before or after beginning the trial or inquiry.
(3) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
(4) The power of the court under this section to transfer any matter must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
(2) Omit section 3B of the 1980 Act (transfer of trials of summary offences).
47 Jurisdiction to issue summons and deal with complaints
(1) For section 51 of the 1980 Act (issue of summons on complaint) substitute—
Issue of summons on complaint
51 Where a complaint relating to a person is made to a justice of the peace, the justice of the peace may issue a summons to the person requiring him to appear before a magistrates' court to answer to the complaint.
(2) For section 52 of the 1980 Act (jurisdiction to deal with complaints) substitute—
Jurisdiction to deal with complaints
52 (1) A magistrates' court has jurisdiction to hear any complaint.
(2) But subsection (1) is subject to provision made by any enactment.
48 Power to transfer civil proceedings (other than family proceedings)
After section 57 of the 1980 Act insert—
Transfer of civil proceedings (other than family proceedings)
Power to transfer civil proceedings (other than family proceedings)
57A (1) A magistrates' court may at any time, whether before or after beginning to hear a complaint, transfer the hearing to another magistrates' court.
(2) But if the court transfers the matter after it has begun to hear the evidence and the parties, the court to which the matter is transferred must begin hearing the evidence and the parties again.
(3) This section does not apply to family proceedings.
(4) The power of the court under this section to transfer a hearing must be exercised in accordance with any directions given under section 30(3) of the Courts Act 2003.
(1) For section 45 of the 1933 Act (constitution of youth courts) substitute—
Youth courts
45 (1) Magistrates' courts—
(a) constituted in accordance with this section or section 66 of the Courts Act 2003 (judges having powers of District Judges (Magistrates' Courts)), and
(b) sitting for the purpose of—
(i) hearing any charge against a child or young person, or
(ii) exercising any other jurisdiction conferred on youth courts by or under this or any other Act,
are to be known as youth courts.
(2) A justice of the peace is not qualified to sit as a member of a youth court for the purpose of dealing with any proceedings unless he has an authorisation extending to the proceedings.
(3) He has an authorisation extending to the proceedings only if he has been authorised by the Lord Chancellor or a person acting on his behalf to sit as a member of a youth court to deal with—
(a) proceedings of that description, or
(b) all proceedings dealt with by youth courts.
(4) The Lord Chancellor may by rules make provision about—
(a) the grant and revocation of authorisations,
(b) the appointment of chairmen of youth courts, and
(c) the composition of youth courts.
(5) Rules under subsection (4) may confer powers on the Lord Chancellor with respect to any of the matters specified in the rules.
(6) Rules under subsection (4) may be made only after consultation with the Criminal Procedure Rule Committee.
(7) Rules under subsection (4) are to be made by statutory instrument.
(8) A statutory instrument containing rules under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
(2) Omit Schedule 2 to the 1933 Act (constitution of youth courts).
(3) Omit section 146 of the 1980 Act (rules relating to youth court panels and the composition of youth courts).
(4) “The 1933 Act” means the Children and Young Persons Act 1933 (c. 12).
(1) A court security officer is a person who is—
(a) appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4), and
(b) designated by the Lord Chancellor as a court security officer.
(2) The Lord Chancellor may by regulations make provision as to—
(a) training courses to be completed by court security officers;
(b) conditions to be met before a person may be designated as a court security officer.
(3) For the purposes of this Part a court security officer who is not readily identifiable as such (whether by means of his uniform or badge or otherwise), is not to be regarded as acting in the execution of his duty.
(1) A court security officer acting in the execution of his duty may search—
(a) any person who is in, or seeking to enter, a court building, and
(b) any article in the possession of such a person.
(2) Subsection (1) does not authorise the officer to require a person to remove any of his clothing other than a coat, jacket, headgear, gloves or footwear.
(3) In this Part “court building” means any building—
(a) where the business of any of the courts referred to in section 1 is carried on, and
(b) to which the public has access.
(1) A court security officer acting in the execution of his duty may exclude or remove from a court building, or a part of a court building, any person who refuses—
(a) to permit a search under section 52(1), or
(b) to surrender an article in his possession when asked to do so under section 54(1).
(2) A court security officer acting in the execution of his duty may—
(a) restrain any person who is in a court building, or
(b) exclude or remove any person from a court building, or a part of a court building,
if it is reasonably necessary to do so for one of the purposes given in subsection (3).
(3) The purposes are—
(a) enabling court business to be carried on without interference or delay;
(b) maintaining order;
(c) securing the safety of any person in the court building.
(4) A court security officer acting in the execution of his duty may remove any person from a courtroom at the request of a judge or a justice of the peace.
(5) The powers conferred by subsections (1), (2) and (4) include power to use reasonable force, where necessary.
(1) If a court security officer acting in the execution of his duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (3), he must ask the person to surrender the article.
(2) If the person refuses to surrender the article, the officer may seize it.
(3) The grounds are that the article—
(a) may jeopardise the maintenance of order in the court building (or a part of it),
(b) may put the safety of any person in the court building at risk, or
(c) may be evidence of, or in relation to, an offence.
54A Powers in relation to jurors' electronic communications devices
(1) This section applies where an order has been made under section 15A of the Juries Act 1974 (surrender of electronic communications devices by jurors) in respect of the members of a jury.
(2) A court security officer acting in the execution of the officer's duty must, if ordered to do so by a judge, search a member of the jury in order to determine whether the juror has failed to surrender an electronic communications device in accordance with the order.
(3) Subsection (2) does not authorise the officer to require a person to remove clothing other than a coat, jacket, headgear, gloves or footwear.
(4) If the search reveals a device which is required by the order to be surrendered—
(a) the officer must ask the juror to surrender the device, and
(b) if the juror refuses to do so, the officer may seize it.
(5) In this section, “electronic communications device” means a device that is designed or adapted for a use which consists of or includes the sending or receiving of signals that are transmitted by means of an electronic communications network (as defined in section 32 of the Communications Act 2003).
55 Powers to retain articles surrendered or seized
(1) Subject to subsection (2), a court security officer may retain an article which was—
(a) surrendered in response to a request under section 54(1), or
(b) seized under section 54(2),
until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.
(1A) Subject to subsection (2), a court security officer may retain an article which was—
(a) surrendered in response to a request under section 54A(4)(a), or
(b) seized under section 54A(4)(b),
until the end of the period specified in the relevant order under section 15A of the Juries Act 1974.
(2) If a court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, he may retain it until—
(a) the time specified in subsection (1) or (1A) (as appropriate), or
(b) the end of the permitted period,
whichever is later.
(3) “The permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the court security officer to draw the article to the attention of a constable.
(4) This section is subject to section 55A.
(1) This section applies where a knife is surrendered to a court security officer in response to a request under section 54(1) or seized by a court security officer under section 54(2).
(2) Section 55 does not apply.
(3) The knife must be retained in accordance with regulations under subsection (5), unless returned or disposed of in accordance with those regulations or regulations made under section 56.
(4) If a court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (3) prevents the officer retaining the knife for so long as necessary to enable the court security officer to draw it to the attention of a constable.
(5) Without prejudice to the generality of section 56, the Lord Chancellor must by regulations make provision as to—
(a) the procedure to be followed when a knife is retained under this section;
(b) the making of requests by eligible persons for the return of knives so retained;
(c) the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.
(6) For the purposes of this section—
“ eligible person ”, in relation to a knife retained under this section, means—
the person who has surrendered the knife under section 54(1) or from whom the knife has been seized under section 54(2), or
any other person specified in regulations made under subsection (5);
“ knife ” includes—
a knife-blade, and
any other article which—
has a blade or is sharply pointed, and
is made or adapted for use for causing injury to the person.
(1) The Lord Chancellor may by regulations make provision as to—
(a) the provision to persons—
(i) by whom articles have been surrendered in response to a request under section 54(1) or 54A(4)(a), or
(ii) from whom articles have been seized under section 54(2) or 54A(4)(b),
of written information about the powers of retention of court security officers,
(b) the keeping of records about articles which have been so surrendered or seized,
(c) the period for which unclaimed articles have to be kept, and
(d) the disposal of unclaimed articles at the end of that period.
(2) “Unclaimed article” means an article—
(a) which has been retained under section 55 or section 55A,
(b) which a person is entitled to have returned to him,
(c) which has not been returned, and
(d) whose return has not been requested by a person entitled to it.
57 Assaulting and obstructing court security officers
(1) Any person who assaults a court security officer acting in the execution of his duty commits an offence.
(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—
(a) a fine not exceeding level 5 on the standard scale, or
(b) imprisonment for a term not exceeding 6 months,
or to both.
(3) A person who resists or wilfully obstructs a court security officer acting in the execution of his duty commits an offence.
(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1) There is to be a Head of Civil Justice.
(2) The Head of Civil Justice is—
(a) the Master of the Rolls, or
(b) if the Lord Chief Justice appoints another person, that person.
(3) The Lord Chief Justice may appoint a person to be Deputy Head of Civil Justice.
(4) The Lord Chief Justice must not appoint a person under subsection (2)(b) or (3) unless these conditions are met—
(a) the Lord Chief Justice has consulted the Lord Chancellor;
(b) the person to be appointed is one of the following—
(i) the President of the Business and Property Division;
(ii) an ordinary judge of the Court of Appeal.
(5) A person appointed under subsection (2)(b) or (3) holds the office to which he is appointed in accordance with the terms of his appointment.
(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(1) In section 2 of the 1981 Act (the Court of Appeal), for subsection (3) substitute—
(3) An ordinary judge of the Court of Appeal (including the vice-president, if any, of either division) shall be styled “Lord Justice of Appeal” or “Lady Justice of Appeal”.
(2) “The 1981 Act” means the Senior Courts Act 1981(c. 54).
(1) The Lord Chancellor may by order—
(a) alter the name of an office listed in subsection (2);
(b) provide for or alter the way in which the holders of any of those offices are to be styled.
(2) The offices are—
Admiralty Registrar
...
President of the Business and Property Division
Chief Master of the Business and Property Division
Chief Insolvency and Companies Court Judge
Chief Taxing Master
Circuit judge
Deputy Circuit judge
Deputy district judge appointed under section 102 of the 1981 Act
Deputy district judge appointed under section 8 of the County Courts Act 1984
Deputy Head of Civil Justice
Deputy Head of Family Justice
Deputy judge of the High Court
District judge of the county court
District judge of the High Court
District judge of the principal registry of the Family Division
District probate registrar
Head of Civil Justice
Head of Family Justice
Insolvency and Companies Court Judge
Lord Chief Justice
Master of the Business and Property Division
...
Master of the Queen’s Bench Division
Master of the Rolls
Ordinary judge of the Court of Appeal
President of the Courts of England and Wales
President of the Court of Protection,
President of the Family Division
President of the Queen's Bench Division
Presiding Judge for a Circuit
Puisne judge of the High Court
Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals
Recorder
...
Senior District Judge of the Family Division
Senior Judge of the Court of Protection,
Senior Master of the Queen’s Bench Division
Senior Presiding Judge for England and Wales
Taxing Master of the Senior Courts
...
Vice-president of the Court of Appeal
Vice-president of the Court of Protection.
Vice-president of the Queen’s Bench Division.
(2A) The Lord Chancellor may by order—
(a) alter the name of a relevant office;
(b) provide for or alter the way in which a relevant office is to be styled.
(2B) In subsection (2A) “a relevant office” is a sitting in retirement office under section 123 of the Public Service Pensions and Judicial Offices Act 2022 for which the corresponding original office is listed in Part 1 of Schedule 3 to that Act.
(3) The Lord Chancellor may also by order provide for or alter the way in which deputies or temporary additional officers appointed under section 91(1) of the 1981 Act are to be styled.
(3A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
(4) Before making an order under this section the Lord Chancellor must consult—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) the Master of the Rolls,
(ba) the President of the Queen's Bench Division,
(c) the President of the Family Division, and
(d) the President of the Business and Property Division.
(5) An order under this section may make such provision as the Lord Chancellor considers necessary in consequence of any provision made under subsection (1) , (2A) or (3).
(6) The provision that may be made under subsection (5) includes provision amending, repealing or revoking any enactment.
(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
65 District Judges (Magistrates' Courts) as Crown Court judges etc.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Schedule 4 contains amendments conferring functions on District Judges (Magistrates' Courts).
(3) References in any enactment, instrument or other document to a district judge or deputy district judge do not include—
(a) a District Judge (Magistrates' Courts), or
(b) a Deputy District Judge (Magistrates' Courts).
66 Judges having powers of District Judges (Magistrates' Courts)
(1) Every holder of a judicial office specified in subsection (2) has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to—
(a) criminal causes and matters,...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The offices are—
(a) judge of the High Court;
(aa) Master of the Rolls;
(ab) ordinary judge of the Court of Appeal;
(ac) Senior President of Tribunals;
(b) deputy judge of the High Court;
(c) Circuit judge;
(d) deputy Circuit judge;
(e) recorder.
(f) Chamber President, or Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal;
(g) judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007;
(h) transferred-in judge of the Upper Tribunal (see section 31(2) of that Act);
(i) deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act);
(j) office listed—
(i) in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court Masters etc), or
(ii) in column 1 of Part 2 of Schedule 2 to that Act (High Court Masters etc);
(k) district judge (which, by virtue of section 8(1C) of the County Courts Act 1984, here includes deputy district judge appointed under section 8 of that Act);
(l) deputy district judge appointed under section 102 of the Senior Courts Act 1981;
(m) judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007;
(n) transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act);
(o) member of a panel of Employment Judges established for England and Wales or for Scotland.
(2A) A qualifying judge advocate has the powers of a justice of the peace who is a District Judge (Magistrates' Courts) in relation to criminal causes and matters.
(3) For the purposes of section 45 of the 1933 Act, every holder of a judicial office specified in subsection (2) is qualified to sit as a member of a youth court.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this section “ qualifying judge advocate ” means—
(a) the Judge Advocate General; or
(b) a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General).
(6) Subsection (2A) is without prejudice to the powers conferred by this section on a person within subsection (2) where that person is also a qualifying judge advocate.
(7) This section does not give a person any powers that a District Judge (Magistrates' Courts) may have to act in a court or tribunal that is not a magistrates' court.
67A Meaning of “judicial office holder” and “relevant judicial function”
(1) In this Part—
“judicial office holder” has the meaning given by section 109(4) of the Constitutional Reform Act 2005;
“relevant judicial function” means—
a function of a court to which the general duty of the Lord Chancellor under section 1 of this Act applies;
a judicial function of a person holding an office that entitles the person to exercise functions of such a court;
but does not include a function to which any of the following subsections applies.
(2) This subsection applies to any function so far as its exercise involves authorising a person's committal to prison.
(3) This subsection applies to any function so far as its exercise involves authorising a person's arrest, but it does not apply to the issue of a warrant (whether or not endorsed for bail) for a person's arrest in order to secure that the person attends court proceedings relating to an offence of which the person has been accused or convicted in a case in which no objection is made by or on behalf of the person to the issue of the warrant.
(4) This subsection applies to the function of making an order to recover possession of a building, or part of a building, which is occupied as a dwelling by—
(a) the person against whom the order is made, or
(b) the person's spouse, civil partner or dependent child aged under 18,
but it does not apply to the making of an order in a case in which no objection is made by or on behalf of the person against whom the order is made to the making of the order.
(5) This subsection applies to the function of granting an injunction under section 37 of the Senior Courts Act 1981.
(6) This subsection applies to the function of making an order under section 7 of the Civil Procedure Act 1997 (order for preserving evidence etc).
67B Authorisation to exercise relevant judicial functions
(1) Rules of court may provide for the exercise of relevant judicial functions by persons who—
(a) are appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007, and
(b) satisfy any requirements specified in the rules as to qualifications or experience.
(2) A person may exercise functions by virtue of subsection (1) only if authorised to do so by the Lord Chief Justice.
(3) Such a person is referred to in this Part as an “authorised person”.
(4) An authorisation under subsection (2)—
(a) may be subject to conditions, and
(b) may be varied or revoked by the Lord Chief Justice at any time.
(5) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under the preceding provisions of this section—
(a) a judicial office holder;
(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.
(6) A person nominated under subsection (5)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—
(a) the Lord Chief Justice, or
(b) a judicial office holder nominated by the Lord Chief Justice,
when exercising the functions.
(7) Nothing in this Part is to be taken to affect the generality of any enactment conferring powers to make rules of court.
67C Exercise of relevant judicial functions: reconsideration of decisions
(1) Before making rules of court that provide for the exercise of relevant judicial functions by authorised persons by virtue of section 67B(1), the authority with power to make the rules must take the following steps in relation to each of the functions in question.
(2) The authority must consider whether the rules should include a right for the parties to proceedings in which a decision is made by an authorised person exercising the function to have the decision reconsidered by a judicial office holder.
(3) If the authority considers that the rules should include such a right, it must include provision to that effect when it makes the rules.
(4) If the authority does not consider that the rules should include such a right, it must inform the Lord Chancellor of—
(a) its decision, and
(b) its reasons for reaching that decision.
67D Directions and independence: authorised persons
(1) The Lord Chief Justice may give directions to an authorised person.
(2) Apart from such directions, an authorised person exercising a relevant judicial function by virtue of section 67B(1) is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
(3) The Lord Chief Justice may nominate one or more of the following to exercise the Lord Chief Justice's functions under subsection (1)—
(a) a judicial office holder;
(b) a person appointed under section 2(1) of this Act or section 40(1) of the Tribunals, Courts and Enforcement Act 2007.
(4) A person nominated under subsection (3)(b) to exercise functions of the Lord Chief Justice is not subject to the direction of any person other than—
(a) the Lord Chief Justice, or
(b) a judicial office holder nominated by the Lord Chief Justice,
when exercising the functions.
(1) No action lies against an authorised person in respect of what the person does or omits to do—
(a) in the execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, and
(b) in relation to a matter within the person's jurisdiction.
(2) An action lies against an authorised person in respect of what the person does or omits to do—
(a) in the purported execution of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function, but
(b) in relation to a matter not within the person's jurisdiction,
if, but only if, it is proved that the person acted in bad faith.
(3) If an action is brought in circumstances in which subsection (1) or (2) provides that no action lies, the court in which the action is brought—
(a) may, on the application of the defendant, strike out the proceedings in the action, and
(b) if it does so, may if it thinks fit order the person bringing the action to pay costs.
67F Costs in legal proceedings: authorised persons
(1) A court may not order an authorised person to pay costs in any proceedings in respect of what the person does or omits to do in the execution (or purported execution) of the person's duty as an authorised person exercising, by virtue of section 67B(1), a relevant judicial function.
(2) But subsection (1) does not apply in relation to any proceedings in which an authorised person—
(a) is being tried for an offence or is appealing against a conviction, or
(b) is proved to have acted in bad faith in respect of the matters giving rise to the proceedings.
(3) A court which is prevented by subsection (1) from ordering an authorised person to pay costs in any proceedings may instead order the Lord Chancellor to make a payment in respect of the costs of a person in the proceedings.
(4) The Lord Chancellor may, after consulting the Lord Chief Justice, make regulations specifying—
(a) circumstances in which a court must or must not exercise the power conferred on it by subsection (3), and
(b) how the amount of any payment ordered under subsection (3) is to be determined.
(5) The Lord Chief Justice may nominate a judicial office holder to exercise the Lord Chief Justice's functions under this section.
(1) “Indemnifiable amounts”, in relation to an authorised person, means—
(a) costs which the person reasonably incurs in or in connection with proceedings in respect of anything done or omitted to be done in the exercise (or purported exercise) of the person's duty as an authorised person,
(b) costs which the person reasonably incurs in taking steps to dispute a claim which might be made in such proceedings,
(c) damages awarded against the person or costs ordered to be paid by the person in such proceedings, or
(d) sums payable by the person in connection with a reasonable settlement of such proceedings or such a claim.
(2) Indemnifiable amounts relate to criminal matters if the duty mentioned in subsection (1)(a) relates to criminal matters.
(3) The Lord Chancellor must indemnify an authorised person in respect of—
(a) indemnifiable amounts which relate to criminal matters, unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith, and
(b) other indemnifiable amounts if, in respect of the matters giving rise to the proceedings or claim, the person acted reasonably and in good faith.
(4) The Lord Chancellor may indemnify an authorised person in respect of other indemnifiable amounts unless it is proved, in respect of the matters giving rise to the proceedings or claim, that the person acted in bad faith.
(5) Any question whether, or to what extent, an authorised person is to be indemnified under this section is to be determined by the Lord Chancellor.
(6) The Lord Chancellor may, if the person claiming to be indemnified so requests, make a determination for the purposes of this section with respect to—
(a) costs such as are mentioned in subsection (1)(a) or (b), or
(b) sums such as are mentioned in subsection (1)(d),
before the costs are incurred or the settlement in connection with which the sums are payable is made.
(7) But a determination under subsection (6) before costs are incurred—
(a) is subject to such limitations (if any) as the Lord Chancellor thinks proper and to the subsequent determination of the costs reasonably incurred, and
(b) does not affect any other determination which may fall to be made in connection with the proceedings or claim in question.
In this Part “criminal court” means—
(a) the criminal division of the Court of Appeal;
(b) when dealing with any criminal cause or matter—
(i) the Crown Court;
(ii) a magistrates' court.
(c) the High Court in relation to its jurisdiction under the Extradition Act 2003.
(1) There are to be rules of court (to be called “Criminal Procedure Rules”) governing the practice and procedure to be followed in the criminal courts.
(2) Criminal Procedure Rules are to be made by a committee known as the Criminal Procedure Rule Committee.
(3) The power to make Criminal Procedure Rules includes power to make different provision for different cases or different areas, including different provision—
(a) for a specified court or description of courts, or
(b) for specified descriptions of proceedings or a specified jurisdiction.
(4) Any power to make . . . Criminal Procedure Rules is to be exercised with a view to securing that—
(a) the criminal justice system is accessible, fair and efficient, and
(b) the rules are both simple and simply expressed.
(1) The Criminal Procedure Rule Committee is to consist of—
(a) the Lord Chief Justice, and
(b) the persons currently appointed in accordance with subsections (1A) and (1B).
(1A) The Lord Chief Justice must appoint the persons falling within paragraphs (a) to (e) of subsection (2).
(1B) The Lord Chancellor must appoint the persons falling within paragraphs (f) to (k) of subsection (2).
(2) The persons to be appointed in accordance with subsections (1A) and (1B) are—
(a) a person nominated by the Lord Chancellor,
(b) three persons each of whom is either a ... judge of the High Court or a judge of the Court of Appeal,
(c) two Circuit judges with particular experience of sitting in criminal courts,
(d) one District Judge (Magistrates' Courts),
(e) one lay justice,
(f) one person authorised under section 28(1) (authorisation to provide legal advice to justices of the peace),
(g) the Director of Public Prosecutions or a person nominated by the Director,
(h) two persons who have a Senior Courts qualification and who have particular experience of practice in criminal courts,
(i) two persons who—
(i) have been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, and
(ii) have particular experience of practice in criminal courts,
(j) one person who appears to represent the National Police Chiefs' Council, and
(k) two persons who appear to represent voluntary organisations with a direct interest in the work of criminal courts.
(2A) In subsection (2)(i)(i) “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
(3) Before appointing a person in accordance with subsection (1A), other than a person falling within subsection (2)(a), the Lord Chief Justice must consult the Lord Chancellor.
(3A) Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice.
(4) The Criminal Procedure Rule Committee is to be chaired by the Lord Chief Justice; and one of the judges appointed under subsection (2)(b) is to be his deputy.
(4A) A person falling within subsection (2)(f) exercising a function as a member of the Criminal Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
(5) The Lord Chancellor may reimburse—
(a) the travelling and out-of-pocket expenses of the members of the Criminal Procedure Rule Committee, and
(b) authorised travelling and out-of-pocket expenses of persons invited to participate in the work of the Committee.
(5A) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(6) “The 1990 Act” means the Courts and Legal Services Act 1990 (c. 41).
71 Power to change certain requirements relating to Committee
(1) The Lord Chancellor may by order—
(a) amend section 70(2) or (3A), and
(b) make consequential amendments in any other provision of section 70.
(2) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(1) The Criminal Procedure Rule Committee must, before making Criminal 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 Criminal Procedure Rule Committee must be—
(a) signed by a majority of the members of the Committee, and
(b) submitted to the Lord Chancellor.
(3) The Lord Chancellor may ... allow or disallow rules so made.
(4) If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.
(5) Rules so made and allowed 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 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.
(6) ... A statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
72A Rules to be made if required by Lord Chancellor
(1) This section applies if the Lord Chancellor gives the Criminal Procedure Rules Committee written notice that he thinks it is expedient for Criminal Procedure Rules to include provision that would achieve a purpose specified in the notice.
(2) The Committee must make such rules as it considers necessary to achieve the specified purpose.
(3) Those rules must be—
(a) made within a reasonable period after the Lord Chancellor gives notice to the Committee;
(b) made in accordance with section 72.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .