73 Power to amend legislation in connection with the rules
(1) The Lord Chancellor may, ... after consulting the Lord Chief Justice, by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—
(a) in order to facilitate the making of Criminal Procedure Rules, or
(b) in consequence of section 69 or 72 or Criminal Procedure Rules.
(2) 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.
74 Practice directions as to practice and procedure of the criminal courts
(1) Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of the criminal courts.
(2) Directions as to the practice and procedure of the criminal courts given otherwise than under subsection (1) may not be given without the approval of—
(a) the Lord Chancellor, and
(b) the Lord Chief Justice.
(3) The power to give directions under subsection (1) includes power—
(a) to vary or revoke directions as to the practice and procedure of the criminal courts (or any of them), whether given under subsection (1) or otherwise ,
(b) to give directions containing different provision for different cases (including different areas), and
(c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
(4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
(a) the application or interpretation of the law;
(b) the making of judicial decisions.
(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
(a) after consulting the Lord Chancellor, and
(b) with the approval of the Lord Chief Justice.
(1) There are to be rules of court (to be called “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedings...
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Family Procedure Rules are to be made by a committee known as the Family Procedure Rule Committee.
(3) Family proceedings” means—
(a) proceedings in the family court, and
(a) proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other.
(4) The power to make Family 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.
(5) Any power to make . . . Family Procedure Rules is to be exercised with a view to securing that—
(a) the family justice system is accessible, fair and efficient, and
(b) the rules are both simple and simply expressed.
76 Further provision about scope of Family Procedure Rules
(1) Family Procedure Rules may not be made in respect of matters which may be dealt with in probate rules made . . . under section 127 of the 1981 Act.
(2) Family Procedure Rules may —
(a) modify or exclude the application of any provision of the County Courts Act 1984 (c. 28), ...
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2A) Family Procedure Rules may, for the purposes of the law relating to contempt of court, authorise the publication in such circumstances as may be specified of information relating to family proceedings held in private.
(3) Family Procedure Rules may modify the rules of evidence as they apply to family proceedings....
(4) Family Procedure Rules may apply any rules of court (including in particular Civil Procedure Rules) which relate to—
(a) courts which are outside the scope of Family Procedure Rules, or
(b) proceedings other than family proceedings.
(5) Any rules of court, not made by the Family Procedure Rule Committee, which apply to proceedings of a particular kind in a court within the scope of Family Procedure Rules may be applied by Family Procedure Rules to family proceedings in such a court.
(6) In subsections (4) and (5) “rules of court” includes any provision governing the practice and procedure of a court which is made by or under an enactment.
(7) Where Family Procedure Rules may be made by applying other rules, the other rules may be applied—
(a) to any extent,
(b) with or without modification, and
(c) as amended from time to time.
(8) Family Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions.
(1) The Family Procedure Rule Committee is to consist of—
(a) the President of the Family Division, 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 (f) of subsection (2).
(1B) The Lord Chancellor must appoint the persons falling within paragraphs (g) to (o) of subsection (2).
(2) The persons to be appointed in accordance with subsections (1A) and (1B) are—
(a) two judges of the Senior Courts, at least one of whom must be a puisne judge attached to the Family Division,
(b) one Circuit judge,
(ba) one judge of the family court who sits exclusively or primarily in Wales,
(c) one person who is either a district judge of the principal registry of the Family Division or a district judge appointed under section 6 of the County Courts Act 1984,
(d) one district judge appointed under section 6 of the County Courts Act 1984 (c. 28),
(e) one District Judge (Magistrates' Courts),
(f) one lay justice,
(g) one person authorised under section 31O(1) of the Matrimonial and Family Proceedings Act 1984 (authorisation to provide legal advice to judges of the family court),
(h) one person who has—
(i) a Senior Courts qualification, and
(ii) particular experience of family practice in the High Court,
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) one person who has—
(i) a Senior Courts qualification, and
(ii) particular experience of family practice in the family court,
(k) one person who—
(i) has been authorised by a relevant approved regulator to conduct litigation in relation to all proceedings in the Senior Courts, and
(ii) has particular experience of family practice in the High Court,
(l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(m) one person who—
(i) has been so authorised, and
(ii) has particular experience of family practice in the family court,
(n) one person nominated by CAFCASS, ...
(na) one person nominated by the Welsh Ministers to represent the interests of Welsh family proceedings officers (within the meaning given by section 35(4) of the Children Act 2004), and
(o) one person with experience in and knowledge of the lay advice sector or the system of justice in relation to family proceedings.
(3) Before appointing a person in accordance with subsection (1A), the Lord Chief Justice must consult the Lord Chancellor and the President of the Family Division.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Before appointing a person in accordance with subsection (1B), the Lord Chancellor must consult the Lord Chief Justice and, if the person falls within any of paragraphs (h) to (m) of subsection (2), must also consult any body which—
(a) has members eligible for appointment under the provision in question, and
(b) is a relevant approved regulator in relation to the exercise of a right of audience or the conduct of litigation (or both).
(5A) A person falling within subsection (2)(g) exercising a function as a member of the Family Procedure Rule Committee is not subject to the direction of the Lord Chancellor or any other person when exercising the function.
(6) The Lord Chancellor may reimburse the members of the Family Procedure Rule Committee their travelling and out-of-pocket expenses.
(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.
(8) In this section “relevant approved regulator” is to be construed in accordance with section 20(3) of the Legal Services Act 2007.
78 Power to change certain requirements relating to Committee
(1) The Lord Chancellor may by order—
(a) amend section 77(2) (persons to be appointed to Committee by Lord Chancellor or Lord Chief Justice), and
(b) make consequential amendments in any other provision of section 77.
(1A) The Lord Chancellor may make an order under this section only with the concurrence of the Lord Chief Justice.
(2) Before making an order under this section the Lord Chancellor must consult the President of the Family Division.
(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 Family Procedure Rule Committee must, before making Family 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 Family 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 Family Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79A Rules to be made if required by Lord Chancellor
(1) This section applies if the Lord Chancellor gives the Family Procedure Rules Committee written notice that he thinks it is expedient for Family 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 79.
80 Power to amend legislation in connection with the rules
1 The Lord Chancellor may , after consulting the Lord Chief Justice, by order amend, repeal or revoke any enactment to the extent that he considers necessary or desirable—
(a) in order to facilitate the making of Family Procedure Rules, or
(b) in consequence of section 75, 76 or 79 or Family Procedure Rules.
(2) 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.
81 Practice directions relating to family proceedings
(1) Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of—
(za) the civil division of the Court of Appeal in proceedings on appeal from the Family Division of the High Court or from the family court,
(zb) the Family Division of the High Court in proceedings which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and
(aa) the family court.
(2) Directions as to the practice and procedure mentioned in subsection (1) which are given otherwise than under subsection (1) may not be given without the approval of—
(a) the Lord Chancellor, and
(b) the Lord Chief Justice.
(2A) Directions as to the practice and procedure mentioned in subsection (1) (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.
(3) The power to give directions under subsection (1) includes power—
(a) to vary or revoke directions as to the practice and procedure mentioned in subsection (1), whether given under subsection (1) or otherwise,
(b) to give directions containing different provision for different cases (including different areas), and
(c) to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
(4) Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
(a) the application or interpretation of the law;
(b) the making of judicial decisions.
(5) Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
(a) after consulting the Lord Chancellor, and
(b) with the approval of the Lord Chief Justice.
(5) In this section—
“Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;
...
(1) For section 2(1)(a) and (b) of the 1997 Act (ex officio members of the Committee) substitute—
(aa) the Head of Civil Justice,
(ab) the Deputy Head of Civil Justice (if there is one),
(a) the Master of the Rolls (unless he holds an office mentioned in paragraph (aa) or (ab)), and
.
(2) For section 2(2)(a) of the 1997 Act (one judge of the Senior Courts to be appointed to Committee) substitute—
(a) either two or three judges of the Supreme Court,
.
(3) For section 2(2)(g) and (h) of the 1997 Act (appointment of persons with experience etc. of lay advice sector and consumer affairs) substitute
and
(g) two persons with experience in and knowledge of the lay advice sector or consumer affairs.
84 Power to change certain requirements relating to Committee
After section 2 of the 1997 Act insert—
Power to change certain requirements relating to Committee
2A (1) The Lord Chancellor may by order—
(a) amend section 2(2) (persons to be appointed to Committee by Lord Chancellor), and
(b) make consequential amendments in any other provision of section 2.
(2) Before making an order under this section the Lord Chancellor must consult—
(a) the Head of Civil Justice,
(b) the Deputy Head of Civil Justice (if there is one), and
(c) the Master of the Rolls (unless he holds an office mentioned in paragraph (a) or (b)).
(3) The power to make an order under this section is exercisable by statutory instrument.
(4) A statutory instrument containing such an order is subject to annulment in pursuance of a resolution of either House of Parliament.
85A Remote observation and recording of proceedings by direction of a court or tribunal
(1) This section applies (subject to subsections (12) and (13)) to proceedings in any court; and in this section “court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act).
(2) If the proceedings are specified under subsection (8)(a), the court may direct that images or sounds of the proceedings are to be transmitted electronically for the purpose of enabling persons not taking part in the proceedings to watch or listen to the proceedings.
(3) A direction under subsection (2) may authorise only the following types of transmission—
(a) transmission to designated live-streaming premises, or
(b) transmission to which individuals are given access only having first identified themselves to the court (or to a person acting on behalf of the court).
(4) In subsection (3)(a), “designated live-streaming premises” means premises that are designated by the Lord Chancellor as premises that are made available for members of the public to watch or listen to proceedings in accordance with directions under subsection (2).
(5) A direction under subsection (2) may include further provision about—
(a) the manner of transmission, or
(b) the persons who are to be able to watch or listen to the transmission (including provision making that ability subject to conditions, or aimed at preventing persons who are not meant to watch or listen from being able to do so).
(6) If images or sounds of the proceedings are transmitted electronically (whether under a direction under subsection (2) or any other power), the court may direct that a recording of the transmission is to be made, in the manner specified in the direction, for the purpose of enabling the court to keep a record of the proceedings.
(7) A direction under subsection (2) or (6)—
(a) may relate to the whole, or to part, of the proceedings concerned, and
(b) may be varied or revoked.
(8) The Lord Chancellor may by regulations—
(a) specify proceedings (by reference to their type, the court in which they take place, or any other circumstance) in relation to which directions under subsection (2) may be made;
(b) specify matters of which the court must be satisfied before deciding to make such a direction;
(c) specify matters that the court must take into account when deciding whether, and on what terms, to make such a direction;
(d) require directions under subsection (2) to include certain provision under subsection (5).
(9) Before making regulations under subsection (8), the Lord Chancellor must determine whether the function of giving or withholding concurrence to the regulations would most appropriately be exercised by—
(a) the Lord Chief Justice of England and Wales,
(b) the Senior President of Tribunals, or
(c) both of them.
(10) Regulations under subsection (8) may be made only with the concurrence of the Lord Chief Justice of England and Wales, the Senior President of Tribunals, or both of them, as determined under subsection (9).
(11) Regulations under subsection (8) may make different provision for different purposes.
(12) This section does not apply to proceedings in the Supreme Court.
(13) This section does not apply to proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
85B Offence of recording or transmission in relation to remote proceedings
(1) It is an offence for a person to make, or attempt to make—
(a) an unauthorised recording, or
(b) an unauthorised transmission,
of an image or sound within subsection (2) or (3).
(2) An image or sound is within this subsection if it is an image or sound of court proceedings that is being transmitted to the place where the recording or transmission referred to in subsection (1) is made or attempted to be made.
(3) An image or sound is within this subsection if it is an image or sound of a person while that person is remotely attending court proceedings.
(4) A person is remotely attending court proceedings at any time when the person—
(a) is not in the same place as any member of the court, and
(b) is taking part in, watching or listening to the proceedings by way of a transmission.
(5) For the purposes of this section a recording or transmission is “unauthorised” unless it is—
(a) authorised (generally or specifically) by the court in which the proceedings concerned are being conducted, or
(b) authorised (generally or specifically) by the Lord Chancellor.
(6) It is a defence for a person charged with an offence under subsection (1) to prove that, at the time of the actual or attempted recording or transmission, the person—
(a) was not in designated live-streaming premises, and
(b) did not know that the image or sound concerned was of a sort within subsection (2) or (3).
(7) In subsection (6)(a), “designated live-streaming premises” has the meaning given by section 85A(4).
(8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(9) Conduct that amounts to an offence under subsection (1) is also a contempt of court.
But a person cannot, in respect of the same conduct, be both convicted of the offence and punished for the contempt.
(10) For the purposes of this section it does not matter whether a person making, or attempting to make, a recording or transmission intends the recording or transmission, or anything comprised in it, to be seen or heard by any other person.
(11) This section does not apply to proceedings in the Supreme Court.
(12) This section does not apply to court proceedings if provision regulating the procedure to be followed in those proceedings could be made by—
(a) an Act of the Scottish Parliament,
(b) an Act of Senedd Cymru (including one passed with the consent of a Minister of the Crown within the meaning of section 158(1) of the Government of Wales Act 2006), or
(c) an Act of the Northern Ireland Assembly passed without the consent of the Secretary of State.
(13) In this section—
“court” has the same meaning as in the Contempt of Court Act 1981 (see section 19 of that Act);
“court proceedings” means proceedings in any court;
“recording” means a recording on any medium—
of a single image, a moving image or any sound, or
from which a single image, a moving image or any sound may be produced or reproduced;
“transmission” means any transmission by electronic means of a single image, a moving image or any sound (and “transmitted” is to be construed accordingly).
85E Prohibition of cross-examination in person: introductory
In this Part—
“civil proceedings” means—
proceedings in the county court,
proceedings in the High Court, other than—
proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and
proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and
proceedings in the civil division of the Court of Appeal arising out of civil proceedings within paragraph (a) or (b);
“witness”, in relation to any proceedings, includes a party to the proceedings.
85F Prohibition of cross-examination in person: victims of offences
(1) In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence.
(2) In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence.
(3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.
(4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place.
(5) In this section—
“caution” means—
in the case of England and Wales—
a conditional caution given under section 22 of the Criminal Justice Act 2003,
a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or
any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted;
in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland;
in the case of Northern Ireland—
a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or
any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;
“conviction” means—
a conviction by or before a court in England and Wales, Scotland or Northern Ireland;
a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including—
in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and
in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings;
a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged;
and “convicted” is to be read accordingly;
“service disciplinary proceedings” means—
any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);
any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);
any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;
“service offence” means—
a service offence within the meaning of the Armed Forces Act 2006, or
an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);
“specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.
(6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—
(a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) section 82 of the Sentencing Code;
(c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.
(7) For the purposes of this section “offence” includes an offence under a law that is no longer in force.
85G Prohibition of cross-examination in person: persons protected by injunctions etc
(1) In civil proceedings, no party to the proceedings against whom an on-notice protective injunction is in force may cross-examine in person a witness who is protected by the injunction.
(2) In civil proceedings, no party to the proceedings who is protected by an on-notice protective injunction may cross-examine in person a witness against whom the injunction is in force.
(3) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the protective injunction when the cross-examination took place.
(4) In this section “protective injunction” means an order, injunction or interdict specified, or of a description specified, in regulations made by the Lord Chancellor.
(5) For the purposes of this section, a protective injunction is an “on-notice” protective injunction if—
(a) the court is satisfied that there has been a hearing at which the person against whom the protective injunction is in force asked, or could have asked, for the injunction to be set aside or varied, or
(b) the protective injunction was made at a hearing of which the court is satisfied that both the person who applied for it and the person against whom it is in force had notice.
85H Prohibition of cross-examination in person: evidence of domestic abuse
(1) In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.
(2) In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.
(3) In this section—
“domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;
“specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.
(4) Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.
85I Direction for prohibition of cross-examination in person: other cases
(1) In civil proceedings, the court may give a direction prohibiting a party to the proceedings from cross-examining (or continuing to cross-examine) a witness in person if—
(a) none of sections 85F to 85H operates to prevent the party from cross-examining the witness, and
(b) it appears to the court that—
(i) the quality condition or the significant distress condition is met, and
(ii) it would not be contrary to the interests of justice to give the direction.
(2) The “quality condition” is met if the quality of evidence given by the witness on cross-examination—
(a) is likely to be diminished if the cross-examination (or continued cross-examination) is conducted by the party in person, and
(b) would be likely to be improved if a direction were given under this section.
(3) The “significant distress condition” is met if—
(a) the cross-examination (or continued cross-examination) of the witness by the party in person would be likely to cause significant distress to the witness or the party, and
(b) that distress is likely to be more significant than would be the case if the witness were cross-examined other than by the party in person.
(4) A direction under this section may be made by the court—
(a) on an application made by a party to the proceedings, or
(b) of its own motion.
(5) In determining whether the quality condition or the significant distress condition is met in the case of a witness or party, the court must have regard to, among other things—
(a) any views expressed by the witness as to whether or not the witness is content to be cross-examined by the party in person;
(b) any views expressed by the party as to whether or not the party is content to cross-examine the witness in person;
(c) the nature of the questions likely to be asked, having regard to the issues in the proceedings;
(d) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the party in relation to the witness;
(e) any charge of which the court is aware in respect of a specified offence alleged to have been committed by the witness in relation to the party;
(f) any behaviour by the party in relation to the witness in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;
(g) any behaviour by the witness in relation to the party in respect of which the court is aware that a finding of fact has been made in the proceedings or in any other proceedings;
(h) any behaviour by the party at any stage of the proceedings, both generally and in relation to the witness;
(i) any behaviour by the witness at any stage of the proceedings, both generally and in relation to the party;
(j) any relationship (of whatever nature) between the witness and the party.
(6) In subsection (5)(d) and (e) “specified offence” means an offence that is a specified offence for the purposes of section 85F.
(7) Any reference in this section to the quality of a witness's evidence is to its quality in terms of completeness, coherence and accuracy.
(8) For this purpose “coherence” refers to a witness's ability in giving evidence to give answers which—
(a) address the questions put to the witness, and
(b) can be understood, both individually and collectively.
(1) A direction under section 85I has binding effect from the time it is made until the witness in relation to whom it applies is discharged.
(2) But the court may revoke a direction under section 85I before the witness is discharged, if it appears to the court to be in the interests of justice to do so, either—
(a) on an application made by a party to the proceedings, or
(b) of its own motion.
(3) The court may revoke a direction under section 85I on an application made by a party to the proceedings only if there has been a material change of circumstances since—
(a) the direction was given, or
(b) if a previous application has been made by a party to the proceedings, the application (or the last application) was determined.
(4) The court must state its reasons for—
(a) giving a direction under section 85I;
(b) refusing an application for a direction under section 85I;
(c) revoking a direction under section 85I;
(d) refusing an application for the revocation of a direction under section 85I.
(1) This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I.
(2) The court must consider whether (ignoring this section) there is a satisfactory alternative means—
(a) for the witness to be cross-examined in the proceedings, or
(b) of obtaining evidence that the witness might have given under cross-examination in the proceedings.
(3) If the court decides that there is not, the court must—
(a) invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and
(b) require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.
(4) Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—
(a) the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or
(b) no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.
(5) The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.
(6) If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.
(7) A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.
(8) For the purposes of this section—
(a) a reference to cross-examination includes a reference to continuing to conduct cross-examination;
(b) “qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.
85L Costs of legal representatives appointed under section 85K(6)
(1) The Lord Chancellor may by regulations make provision for the payment out of central funds of sums in respect of—
(a) fees or costs properly incurred by a qualified legal representative appointed under section 85K(6), and
(b) expenses properly incurred in providing such a person with evidence or other material in connection with the appointment.
(2) The regulations may provide for sums payable under subsection (1) to be determined by the Lord Chancellor or such other person as the regulations may specify.
(3) The regulations may provide for sums payable under subsection (1)—
(a) to be such amounts as are specified in the regulations;
(b) to be calculated in accordance with—
(i) a rate or scale specified in the regulations, or
(ii) other provision made by or under the regulations.
85M Guidance for legal representatives appointed under section 85K(6)
(1) The Lord Chancellor may issue guidance in connection with the role which a qualified legal representative appointed under section 85K(6) in connection with any civil proceedings is to play in the proceedings, including (among other things) guidance about the effect of section 85K(7).
(2) A qualified legal representative appointed under section 85K(6) must have regard to any guidance issued under this section.
(3) The Lord Chancellor may from time to time revise any guidance issued under this section.
(4) The Lord Chancellor must publish—
(a) any guidance issued under this section, and
(b) any revisions of that guidance.
86 Alteration of place fixed for Crown Court trial
An application under section 76(3) of the 1981 Act (application for variation of place fixed for Crown Court trial) is no longer required to be heard in open court by a judge of the High Court; and accordingly section 76(4) of the 1981 Act ceases to have effect.
86A Requirement to give information in criminal proceedings
(1) A person who is a defendant in proceedings in a criminal court must provide his or her name, date of birth and nationality if required to do so at any stage of proceedings by the court.
(2) Criminal Procedure Rules must specify the stages of proceedings at which requirements are to be imposed by virtue of subsection (1) (and may specify other stages of proceedings when such requirements may be imposed).
(3) A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by virtue of subsection (1), whether by providing false or incomplete information or by providing no information.
(4) Information provided by a person in response to a requirement imposed by virtue of subsection (1) is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.
(5) A person guilty of an offence under subsection (3) is liable on summary conviction to either or both of the following—
(a) imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003), or
(b) a fine.
(6) The criminal court before which a person is required to provide his or her name, date of birth and nationality may deal with any suspected offence under subsection (3) at the same time as dealing with the offence for which the person was already before the court.
(7) In this section a “criminal court” is, when dealing with any criminal cause or matter—
(a) the Crown Court;
(b) a magistrates' court.
87 Appeals to Court of Appeal: procedural directions
(1) In section 31 of the 1968 Act (powers of the Court of Appeal under Part 1 of that Act exercisable by single judge), in subsection (2), after paragraph (h) insert—
(i) to make orders under section 23(1)(a).
(2) In section 31A of the 1968 Act (powers of Court of Appeal under Part 1 of that Act exercisable by registrar), in subsection (2), after paragraph (c) insert—
(d) to make orders under section 23(1)(a).
, and at the end of paragraph (b), omit “and”.
(3) After section 31A of the 1968 Act insert—
Procedural directions: powers of single judge and registrar
31B (1) The power of the Court of Appeal to determine an application for procedural directions may be exercised by—
(a) a single judge, or
(b) the registrar.
(2) “Procedural directions” means directions for the efficient and effective preparation of—
(a) an application for leave to appeal, or
(b) an appeal,
to which this section applies.
(3) A single judge may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) on a reference from the registrar;
(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
(4) The registrar may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) of his own motion.
(5) This section applies to an appeal, and an application to the Court of Appeal for leave to appeal, under—
(a) this Part,
(b) section 9 of the Criminal Justice Act 1987, or
(c) section 35 of the Criminal Procedure and Investigations Act 1996.
Appeals against procedural directions
31C (1) Subsection (2) applies if a single judge gives, or refuses to give, procedural directions.
(2) The Court of Appeal may, on an application to it under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the single judge, and
(b) give such procedural directions as it thinks fit.
(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A single judge may, on an application to him under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the registrar, and
(b) give such procedural directions as he thinks fit.
(5) An application under this subsection may be made by—
(a) an appellant;
(b) a respondent, if the directions—
(i) relate to an application for leave to appeal and appear to need the respondent’s assistance to give effect to them,
(ii) relate to an application for leave to appeal which is to be determined by the Court of Appeal, or
(iii) relate to an appeal.
(6) In this section—
“appellant” includes a person who has given notice of application for leave to appeal under any of the provisions mentioned in section 31B(5);
“respondent” includes a person who will be a respondent if leave to appeal is granted.
(4) Sections 31B to 31C of the 1968 Act apply to—
(a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
(b) appeals in relation to which—
(i) a certificate under Part 1 of the 1968 Act that the case is fit for appeal, or
(ii) leave to appeal,
is granted on or after that date.
(5) “The 1968 Act” means the Criminal Appeal Act 1968 (c. 19).
88 Extension of time for criminal appeals to Supreme Court
(1) Amend section 2 of the Administration of Justice Act 1960 (c. 65) (applications for leave to appeal to Supreme Court) as follows.
(2) In subsection (1)—
(a) for “fourteen” (in both places) substitute “ 28 ”, and
(b) for “date of the decision of that court” substitute “ relevant date ”.
(3) After subsection (1) insert—
(1A) In subsection (1), “the relevant date” means—
(a) the date of the decision of the court below, or
(b) if later, the date on which that court gives reasons for its decision.
(4) Amend section 34 of the 1968 Act (applications for leave to appeal to the Supreme Court) as follows.
(5) In subsection (1)—
(a) for “fourteen” (in both places) substitute “ 28 ”, and
(b) for “date of the decision of the Court of Appeal” substitute “ relevant date ”.
(6) After subsection (1) insert—
(1A) In subsection (1), “the relevant date” means—
(a) the date of the Court of Appeal’s decision, or
(b) if later, the date on which the Court of Appeal gives reasons for its decision.
89 Retirement age of Registrar of Criminal Appeals
(1) In section 92 of the 1981 Act (tenure of offices in Senior Courts)—
(a) in subsection (2) (offices with retirement age of 70, but with possibility of extensions to not beyond 75), omit “except the office of Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals”,
(b) omit subsections (2D) and (2E) (retirement age of 62 for that office), and
(c) in subsection (4) (offices to which subsection (1), (2A) or (2D) applies to be held during good behaviour), for “to which subsection (1), (2A) or (2D) applies” substitute “ listed in column 1 of Part 1 or 2 of Schedule 2 ”.
(2) In Schedule 5 to the Judicial Pensions and Retirement Act 1993 (c. 8) (retirement), after the entry relating to a Deputy or temporary Master, Queen’s Bench Division, insert— “Queen’s Coroner and Attorney and Master of the Crown Office and Registrar of Criminal Appeals ”.
90 Appeals to Courts-Martial Appeal Court: procedural directions
(1) In section 36 of the Courts-Martial (Appeals) Act 1968 (c. 20) (powers of the Appeal Court under Part 2 of that Act exercisable by single judge), in subsection (1), after paragraph (g) insert—
(h) to make orders under section 28(1)(a).
, and at the end of paragraph (f), omit “and”.
(2) In section 36A of that Act (powers of the Appeal Court under Part 2 of that Act exercisable by registrar), in subsection (1), at the end of paragraph (b) insert
and—
(c) to make orders under section 28(1)(a).
, and at the end of paragraph (a), omit “and”.
(3) After section 36A of that Act insert—
Procedural directions: powers of single judge and registrar
36B (1) The power of the Appeal Court to determine an application for procedural directions may be exercised by—
(a) a judge of the Appeal Court, or
(b) the registrar.
(2) “Procedural directions” means directions for the efficient and effective preparation of—
(a) an application for leave to appeal, or
(b) an appeal,
under this Part.
(3) A judge of the Appeal Court may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) on a reference from the registrar;
(c) of his own motion, when he is exercising, or considering whether to exercise, any power of his in relation to the application or appeal.
(4) The registrar may give such procedural directions as he thinks fit—
(a) when acting under subsection (1);
(b) of his own motion.
Appeals against procedural directions
36C (1) Subsection (2) applies if a judge of the Appeal Court gives, or refuses to give, procedural directions.
(2) The Appeal Court may, on an application to it under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the judge, and
(b) give such procedural directions as it thinks fit.
(3) Subsection (4) applies if the registrar gives, or refuses to give, procedural directions.
(4) A judge of the Appeal Court may, on an application to him under subsection (5)—
(a) confirm, set aside or vary any procedural directions given by the registrar, and
(b) give such procedural directions as he thinks fit.
(5) An application under this subsection may be made by—
(a) an appellant;
(b) the Defence Council, if the directions—
(i) relate to an application for leave to appeal and appear to need the Defence Council’s assistance to give effect to them,
(ii) relate to an application for leave to appeal which is to be determined by the Appeal Court, or
(iii) relate to an appeal.
(4) Sections 36B to 36C of that Act apply to—
(a) applications for leave to appeal falling to be determined on or after the date on which this section comes into force, and
(b) appeals in relation to which leave to appeal is granted on or after that date.
91 Extension of time for appeals from Courts-Martial Appeal Court
(1) Amend section 40 of the Courts-Martial (Appeals) Act 1968 (c. 20) (applications for leave to appeal to Supreme Court) as follows.
(2) In subsection (1)—
(a) for “fourteen” (in both places) substitute “ 28 ”, and
(b) for “date of the decision of the Appeal Court” substitute “ relevant date ”.
(3) After subsection (1) insert—
(1A) In subsection (1), “the relevant date” means—
(a) the date of the Appeal Court’s decision, or
(b) if later, the date on which the Appeal Court gives reasons for its decision.
(1) The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—
(a) the Senior Courts,
(aa) the family court,
(b) the county court, and
(c) magistrates' courts.
(2) An order under this section may, in particular, contain provision as to—
(a) scales or rates of fees;
(b) exemptions from or reductions in fees;
(c) remission of fees in whole or in part.
(3) When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.
(4) The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.
(5) Before making an order under this section, the Lord Chancellor must consult—
(a) the Lord Chief Justice;
(b) the Master of the Rolls;
(ba) the President of the Queen's Bench Division;
(c) the President of the Family Division;
(d) the President of the Business and Property Division;
(e) the Head of Civil Justice;
(f) the Deputy Head of Civil Justice (if there is one).
(6) Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.
(7) The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.
(8) Fees payable under this section are recoverable summarily as a civil debt.
(9) Subsection (10) applies in relation to an authority which has power to prescribe fees payable in any of the courts referred to in subsection (1).
(10) Nothing in this section prevents the authority from applying to any extent provisions contained in an order made under this section; and an instrument made in exercise of the power is to be read (unless the contrary intention appears) as applying those provisions as amended from time to time.
After section 19A of the Prosecution of Offences Act 1985 (c. 23) insert—
Provision for award of costs against third parties
19B (1) The Lord Chancellor may by regulations make provision empowering magistrates' courts, the Crown Court and the Court of Appeal to make a third party costs order if the condition in subsection (3) is satisfied.
(2) A “third party costs order” is an order as to the payment of costs incurred by a party to criminal proceedings by a person who is not a party to those proceedings (“the third party”).
(3) The condition is that—
(a) there has been serious misconduct (whether or not constituting a contempt of court) by the third party, and
(b) the court considers it appropriate, having regard to that misconduct, to make a third party costs order against him.
(4) Regulations made under this section may, in particular—
(a) specify types of misconduct in respect of which a third party costs order may not be made;
(b) allow the making of a third party costs order at any time;
(c) make provision for any other order as to costs which has been made in respect of the proceedings to be varied on, or taken account of in, the making of a third party costs order;
(d) make provision for account to be taken of any third party costs order in the making of any other order as to costs in respect of the proceedings.
(5) Regulations made under this section in relation to magistrates' courts must provide that the third party may appeal to the Crown Court against a third party costs order made by a magistrates' court.
(6) Regulations made under this section in relation to the Crown Court must provide that the third party may appeal to the Court of Appeal against a third party costs order made by the Crown Court.
94 Award of costs in appeals under Proceeds of Crime Act 2002
(1) Amend the Proceeds of Crime Act 2002 (c. 29) as follows.
(2) In section 89 (procedure on appeal to the Court of Appeal), after subsection (3) insert—
(4) Subject to any rules made under section 91, the costs of and incidental to all proceedings on an appeal to the criminal division of the Court of Appeal under—
(a) section 43(1) or (2) (appeals against orders made in restraint proceedings), or
(b) section 65 (appeals against, or relating to, the making of receivership orders),
are in the discretion of the court.
(5) Such rules may in particular make provision for regulating matters relating to the costs of those proceedings, including prescribing scales of costs to be paid to legal or other representatives.
(6) The court shall have full power to determine by whom and to what extent the costs are to be paid.
(7) In any proceedings mentioned in subsection (4), the court may—
(a) disallow, or
(b) (as the case may be) order the legal or other representative concerned to meet,
the whole of any wasted costs or such part of them as may be determined in accordance with rules under section 91.
(8) In subsection (7) “wasted costs” means any costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative, or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay.
(9) “Legal or other representative”, in relation to a party to proceedings means any person exercising a right of audience or right to conduct litigation on his behalf.
(3) Subsection (2) applies in relation to proceedings on appeals in respect of offences committed or alleged to have been committed on or after 24th March 2003.
(4) In section 91 (Crown Court Rules) after “Crown Court Rules” insert “ or (as the case may be) Criminal Appeal Rules ”.
95 Fixing of fines: failure to furnish statement of financial circumstances
(1) Amend section 20A of the Criminal Justice Act 1991 (c. 53) (false statements as to financial circumstances) as follows.
(2) After subsection (1) insert—
(1A) A person who is charged with an offence who fails to furnish a statement of his financial circumstances in response to an official request shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(3) In subsection (2)(b), after “may impose” insert “ and how it should be paid ”.
(4) In section 128(5) of the 2000 Act (fixing of fines: power of court to make determination of financial circumstances where offender has failed to co-operate with court etc.), in paragraph (b) before sub-paragraph (i) insert—
(zi) has failed to furnish a statement of his financial circumstances in response to a request which is an official request for the purposes of section 20A of the Criminal Justice Act 1991 (offence of making false statements as to financial circumstances),
.
(5) “The 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
96 Recovery of fines etc. by deductions from income support: failure to provide information
(1) Amend section 24 of the Criminal Justice Act 1991 (power to make regulations about recovery of fines etc. by deductions from income support) as follows.
(2) In subsection (2), after paragraph (a) insert—
(aa) provision that the court may require the offender to provide prescribed information in connection with an application;
.
(3) After subsection (2) insert—
(2A) An offender who fails to provide information required by the court by virtue of subsection (2)(aa) commits an offence.
(2B) An offender commits an offence if, in providing information required by the court by virtue of that subsection, he—
(a) makes a statement which he knows to be false in a material particular,
(b) recklessly provides a statement which is false in a material particular, or
(c) knowingly fails to disclose any material fact.
(2C) A person guilty of an offence under subsection (2A) or (2B) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
97 Collection of fines and discharge of fines by unpaid work
(1) Schedule 5 contains provisions about the collection of fines.
(2) Schedule 6 contains provisions about the discharge of fines by means of unpaid work.
(3) Subsections (4) to (9) apply in relation to each of those Schedules.
(4) The Schedule is to have effect only in accordance with—
(a) subsections (5) and (6) (pilot schemes), or
(b) subsections (7) to (9) (power to make pilot schemes, or modified versions of pilot schemes, permanent after completion of pilots).
(5) The Lord Chancellor may by order provide that the Schedule is to have effect in relation to the local justice area or areas specified in the order for the period specified in the order.
(6) An order under subsection (5) may make provision modifying the Schedule, or any enactment in connection with the operation of the Schedule, in relation to the specified local justice area or areas and the specified period.
(7) The Lord Chancellor may, at the end of the relevant period, by order provide that the Schedule is to have effect—
(a) in all local justice areas, and
(b) indefinitely.
(8) “The relevant period” means—
(a) if one order has been made under subsection (5) in relation to the Schedule, the period specified in the order;
(b) if more than one order has been made under subsection (5) in relation to the Schedule, the period which, out of the periods so specified, ends at the latest date.
(9) An order under subsection (7) may make such amendments of—
(a) the Schedule, and
(b) any other enactments,
as appear to the Lord Chancellor appropriate in the light of the operation of the Schedule in accordance with the order made under subsection (5) (pilot schemes).
(1) A register is to be kept, in accordance with regulations, of—
(a) judgments entered in the High Court;
(b) judgments entered in the county court;
(c) administration orders made under section 112 of the County Courts Act 1984 (c. 28) (power of county court to make administration orders);
(d) orders restricting enforcement made under section 112A of that Act (power of county court to restrict enforcement of debts in lieu of administration order);
(e) sums which are, for the purposes of the 1980 Act, sums adjudged to be paid by a conviction or order of a magistrates' court.
(f) a decision or award of—
(i) the First-tier Tribunal,
(ii) the Upper Tribunal,
(iii) an employment tribunal, or
(iv) the Employment Appeal Tribunal,
in pursuance of which any sum is payable.
(2) “Regulations” means regulations made by the Lord Chancellor for the purposes of this section.
(3) The regulations may—
(a) provide for prescribed classes of judgments, orders, decisions, awards or adjudged sums to be exempt from registration;
(b) prescribe circumstances in which judgments, orders, decisions, awards or adjudged sums (or classes of them) are to be exempt from registration;
(c) prescribe circumstances in which an entry in the register is to be cancelled;
(d) in the case of sums adjudged to be paid by conviction of a magistrates' court or in the case of sums payable in pursuance of decisions or awards of a tribunal mentioned in subsection (1)(f), provide for sums to be registered only in prescribed circumstances or subject to prescribed conditions.
(4) The Lord Chancellor may fix charges to be made for—
(a) making information in an entry in the register available for inspection;
(b) carrying out an official search of the register;
(c) supplying a certified copy of information in an entry in the register.
(5) The proceeds of those charges are to be applied in paying the expenses incurred in maintaining the register; and any surplus is to be paid into the Consolidated Fund.
(6) If there is in force an agreement between the Lord Chancellor and a body corporate relating to the keeping by that body corporate of the register the register is to be kept by that body corporate.
(7) If, under subsection (6), the register is kept by a body corporate—
(a) the Lord Chancellor may recover from the body corporate any expenses incurred by the Lord Chancellor in connection with the supply of information to that body for the purposes of the register,
(b) subsection (4) applies as if it enabled the Lord Chancellor to fix the maximum charges to be made (instead of the charges to be made), and
(c) subsection (5) does not apply.
(8) If subsection (6) ceases to apply to a body corporate as a result of the termination (for any reason) of the agreement, the Lord Chancellor may require the information contained in the entries in the register to be transferred to such person as he may direct.
(1) Schedule 7 contains provisions about High Court writs of execution and about warrants issued in connection with the compulsory acquisition of land .
(2) Any rule of law requiring a writ of execution issued from the High Court to be directed to a sheriff is abolished.
(1) For section 2 of the Damages Act 1996 (c. 48) (periodical payments by consent) substitute—
Periodical payments
2 (1) A court awarding damages for future pecuniary loss in respect of personal injury—
(a) may order that the damages are wholly or partly to take the form of periodical payments, and
(b) shall consider whether to make that order.
(2) A court awarding other damages in respect of personal injury may, if the parties consent, order that the damages are wholly or partly to take the form of periodical payments.
(3) A court may not make an order for periodical payments unless satisfied that the continuity of payment under the order is reasonably secure.
(4) For the purpose of subsection (3) the continuity of payment under an order is reasonably secure if—
(a) it is protected by a guarantee given under section 6 of or the Schedule to this Act,
(b) it is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or
(c) the source of payment is a government or health service body.
(5) An order for periodical payments may include provision—
(a) requiring the party responsible for the payments to use a method (selected or to be selected by him) under which the continuity of payment is reasonably secure by virtue of subsection (4);
(b) about how the payments are to be made, if not by a method under which the continuity of payment is reasonably secure by virtue of subsection (4);
(c) requiring the party responsible for the payments to take specified action to secure continuity of payment, where continuity is not reasonably secure by virtue of subsection (4);
(d) enabling a party to apply for a variation of provision included under paragraph (a), (b) or (c).
(6) Where a person has a right to receive payments under an order for periodical payments, or where an arrangement is entered into in satisfaction of an order which gives a person a right to receive periodical payments, that person’s right under the order or arrangement may not be assigned or charged without the approval of the court which made the order; and—
(a) a court shall not approve an assignment or charge unless satisfied that special circumstances make it necessary, and
(b) a purported assignment or charge, or agreement to assign or charge, is void unless approved by the court.
(7) Where an order is made for periodical payments, an alteration of the method by which the payments are made shall be treated as a breach of the order (whether or not the method was specified under subsection (5)(b)) unless—
(a) the court which made the order declares its satisfaction that the continuity of payment under the new method is reasonably secure,
(b) the new method is protected by a guarantee given under section 6 of or the Schedule to this Act,
(c) the new method is protected by a scheme under section 213 of the Financial Services and Markets Act 2000 (compensation) (whether or not as modified by section 4 of this Act), or
(d) the source of payment under the new method is a government or health service body.
(8) An order for periodical payments shall be treated as providing for the amount of payments to vary by reference to the retail prices index (within the meaning of section 833(2) of the Income and Corporation Taxes Act 1988) at such times, and in such a manner, as may be determined by or in accordance with Civil Procedure Rules.
(9) But an order for periodical payments may include provision—
(a) disapplying subsection (8), or
(b) modifying the effect of subsection (8).
Periodical payments: supplementary
2A (1) Civil Procedure Rules may require a court to take specified matters into account in considering—
(a) whether to order periodical payments;
(b) the security of the continuity of payment;
(c) whether to approve an assignment or charge.
(2) For the purposes of section 2(4)(c) and (7)(d) “government or health service body” means a body designated as a government body or a health service body by order made by the Lord Chancellor.
(3) An order under subsection (2)—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Section 2(6) is without prejudice to a person’s power to assign a right to the scheme manager established under section 212 of the Financial Services and Markets Act 2000.
(5) In section 2 “damages” includes an interim payment which a court orders a defendant to make to a claimant.
(6) In the application of this section to Northern Ireland—
(a) a reference to Civil Procedure Rules shall be taken as a reference to rules of court, and
(b) a reference to a claimant shall be taken as a reference to a plaintiff.
(7) Section 2 is without prejudice to any power exercisable apart from that section.
Variation of orders and settlements
2B (1) The Lord Chancellor may by order enable a court which has made an order for periodical payments to vary the order in specified circumstances (otherwise than in accordance with section 2(5)(d)).
(2) The Lord Chancellor may by order enable a court in specified circumstances to vary the terms on which a claim or action for damages for personal injury is settled by agreement between the parties if the agreement—
(a) provides for periodical payments, and
(b) expressly permits a party to apply to a court for variation in those circumstances.
(3) An order under this section may make provision—
(a) which operates wholly or partly by reference to a condition or other term of the court’s order or of the agreement;
(b) about the nature of an order which may be made by a court on a variation;
(c) about the matters to be taken into account on considering variation;
(d) of a kind that could be made by Civil Procedure Rules or, in relation to Northern Ireland, rules of court (and which may be expressed to be with or without prejudice to the power to make those rules).
(4) An order under this section may apply (with or without modification) or amend an enactment about provisional or further damages.
(5) An order under this section shall be subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation between High Court and county courts).
(6) An order under this section—
(a) shall be made by statutory instrument,
(b) may not be made unless the Lord Chancellor has consulted such persons as he thinks appropriate,
(c) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament, and
(d) may include transitional, consequential or incidental provision.
(7) In subsection (4)—
“provisional damages” means damages awarded by virtue of subsection (2)(a) of section 32A of the Supreme Court Act 1981 or section 51 of the County Courts Act 1984 (or, in relation to Northern Ireland, paragraph 10(2)(a) of Schedule 6 to the Administration of Justice Act 1982), and
“further damages” means damages awarded by virtue of subsection (2)(b) of either of those sections (or, in relation to Northern Ireland, paragraph 10(2)(b) of Schedule 6 to the Administration of Justice Act 1982).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In this section—
(a) subsection (1) shall extend only to England and Wales and Northern Ireland, and
(b) the remainder shall extend to the whole of the United Kingdom.