Courts Act 1971

Section 28.

SCHEDULE 3E+W Premises Formerly Used for Business of Abolished Courts

Right of use for Supreme Court and county courtsE+W

1(1)This paragraph has effect—

(a)as respects any premises which were, up to the appointed day, being used to any extent for business of the abolished courts, and

(b)as respects the local authority who were providing the accommodation for the abolished courts,

and has effect in particular to ensure that court proceedings, including proceedings in cases in the course of hearing on the appointed day, can be conducted without any interruption or interference in the transition from the jurisdiction of the abolished courts to the jurisdiction conferred by this Act.

(2)On and after the appointed day it shall be the duty of the authority, up to the extent to which the premises were being used for business of the abolished courts, to make the premises available for Supreme Court or county court business, together with all the fittings, and all furniture, office and other equipment and other chattels previously made available for business of the abolished courts.

(3)If the premises, or any larger premises of which they form part, consist of or comprise a courtroom used or available for use as a magistrates’ court (whether or not it has also been used for business of the abolished courts), and at any time the Lord Chancellor so directs, it shall be the duty of the authority to make the courtroom available for Supreme Court or county court business to the exclusion of all other business, or to such extent as the Lord Chancellor may direct.

A direction under this sub-paragraph may also apply to all other parts of the building used or available for use for the sitting or other business of the magistrates’ court, together with all the fittings, and all furniture, office and other equipment and other chattels, in the courtroom or elsewhere, previously available for business of the magistrates’ court.

(4)Before giving a direction under sub-paragraph (3) above the Lord Chancellor shall consult the Secretary of State, the local authority and any magistrates’ courts committee concerned.

(5)Where under the preceding provisions of this paragraph the authority are to make any premises available, it shall be their duty to heat, light, clean and maintain them.

(6)The appropriate Minister shall pay to the authority—

(a)the reasonable and necessary charges for heating, lighting and cleaning premises made available under this paragraph, and a fair contribution to the cost of any custodial services, and

(b)a fair contribution in respect of the maintenance and repair of the building, and

(c)where the authority pay rent for the premises, a contribution amounting to a fair proportion of the rent, and

(d)where the Lord Chancellor gives a direction under sub-paragraph (3) above, such compensation for any costs of removal and costs of initial adaptation of any alternative accommodation incurred by the authority, as is reasonable in the circumstances,

and if and so far as greater use is made of any premises for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of rent as is reasonable having regard both to the rent which the authority have to pay for alternative accommodation, and to the rent which would be commanded by the accommodation (whether the use was at all times or part-time only) which the authority have had to surrender.

(7)Where under the preceding provisions of this paragraph the authority are to make available any fittings, or furniture, office or other equipment or other chattels—

(a)it shall be their duty to keep them in order and repair and to clean them;

(b)the appropriate Minister shall pay their reasonable and necessary charges under paragraph (a) above;

(c)if and so far as greater use is made of any such fittings or chattels for Supreme Court and county court business as compared with their use for business of the abolished courts, the appropriate Minister shall make such payment to the authority by way of hire payments as is reasonable, but not so as to make any payment in respect of anything taken into account in paying rent under sub-paragraph (6) above.

(8)The appropriate Minister shall also make such payment, if any, as is authorised by paragraph 4 below.

(9)The obligations imposed by this paragraph on any local authority shall terminate on the expiration of a period of ten years beginning with the appointed day, or, in the case of any particular premises, at such earlier time as may be agreed by the Lord Chancellor and the local authority subject to those obligations as respects the premises.

(10)Where sub-paragraph (1)(b) above applies to two or more local authorities, the obligations imposed by this paragraph shall be shared among them in a way corresponding to that in which they provided for the abolished courts, and, where a direction is given under sub-paragraph (3) above, for any magistrates’ court.

Premises acquired by Secretary of StateE+W

2(1)Before any premises used for the business of the abolished courts are purchased by the Secretary of State, the Lord Chancellor shall consult any magistrates’ courts committee concerned.

(2)A local authority owning any premises used for the business of the abolished courts shall have power to sell, lease or otherwise dispose of the premises to the Secretary of State, notwithstanding that they are subject to any trust, or have been dedicated to the public.

(3)Sub-paragraph (2) above shall not be construed as authorising the extinction or curtailment of any public right of way over any part of premises so acquired.

(4)It is hereby declared that any responsibility of a local authority to provide a court room or other accommodation for any magistrates’ court remains unaffected by the acquisition, whether by agreement or compulsorily, by the Secretary of State of any premises used for any such purpose, and accordingly where the Secretary of State acquires any premises the power of the Secretary of State to make the premises available for continued use, to any extent, by a magistrates’ court does not affect the local authority’s responsibility, or absolve them from the duty to pay a proper rent for the accommodation, on such terms and subject to such conditions as may be agreed.

Compulsory purchaseE+W

3(1)This paragraph has effect where—

(a)the Secretary of State, not later than the expiration of a period of three years beginning with the appointed day, gives notice in writing to a local authority of his intention to acquire from that local authority (by compulsory purchase or otherwise) any premises which, up to the appointed day, were being wholly or mainly used for business of the abolished courts or other court purposes, and

(b)the Secretary of State, within the period of ten years beginning with the appointed day, makes a compulsory purchase order authorising the acquisition by him of, or of an interest or estate in, those premises or any part of them.

(2)If the Lord Chancellor is satisfied that the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts, and so certifies, [F1sections 17 and 18 of the Acquisition of Land Act 1981] (special parliamentary procedure) shall not apply to the order.

(3)The compulsory purchase order may be framed so as also to apply to all or any fittings, furniture, equipment and other chattels in, or usually kept or used in, so much of the premises as was, up to the appointed day, being used for business of the abolished courts, or for the business of a magistrates’ court, and all the provisions of the said [F2Act of 1981], of the M1Land Compensation Act 1961 and of the M2Compulsory Purchase Act 1965 shall have effect accordingly, and subject to any necessary modifications.

(4)If the whole of the land comprised in the compulsory purchase order was, up to the appointed day, exclusively used for business of the abolished courts,—

(a)no compensation shall be payable in respect of the interest or estate of the local authority in the land, but without prejudice to any right to compensation for severance or other injurious affection in respect of any land not acquired, and

(b)no compensation shall be payable in respect of the interest of the local authority in any chattels to which the compulsory purchase order applies by virtue of sub-paragraph (3) above.

(5)Where sub-paragraph (4) above does not apply, the compensation otherwise payable shall be reduced by such amount as will, on a just assessment, secure that no compensation is payable in respect of the land or any chattels to the extent that the land, or any such chattel, was used for business of the abolished courts.

Loan chargesE+W

4(1)Where any premises were, up to the appointed day, being used exclusively for business of the abolished courts, the appropriate Minister shall pay to the local authority an amount equal to the interest element in any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period in which the premises are made available under paragraph 1 of this Schedule.

(2)If the premises were not exclusively so used, the appropriate Minister shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the premises were so used respectively for business of the abolished courts, and for other purposes (and this sub-paragraph shall be applied without regard to any direction under paragraph 1(3) of this Schedule requiring the premises to be made available to an extent greater than that required under paragraph 1(2)).

5(1)Where the Secretary of State acquires from a local authority, whether compulsorily or by agreement, any premises which, up to the appointed day, were being used exclusively for business of the abolished courts, the appropriate Minister shall pay to the authority—

(a)a sum equal to any loan charge paid by the local authority in respect of the premises, being a loan charge falling due in the period from the beginning of April 1970 to the relevant date, together with

(b)the principal sum outstanding at the relevant date,

but adjusting the payment so as to prevent any amount being paid to the local authority both under this paragraph and under the last preceding paragraph.

In this sub-paragraph “the relevant date” means the date of acquisition or such other date as may be agreed by the appropriate Minister and the local authority.

(2)If the premises were not exclusively so used, the appropriate Minister shall pay to the local authority such proportion of the amount payable under sub-paragraph (1) above as is just having regard to the extent to which the building was so used respectively for business of the abolished courts, and for other purposes.

6(1)For the purposes of this Schedule “loan charge” means any sum due by way of repayment of capital, or payment of interest, in respect of a liability incurred to meet capital expenditure in acquiring, providing, reconstructing or altering the premises in question.

(2)If the Treasury so direct, the provisions of this Schedule about loan charges shall be applied in any case where, in the opinion of the Treasury, the financial arrangements made by a local authority in connection with any capital expenditure are equivalent to the incurring of a capital liability and the discharge of that liability by paying loan charges.

(3)The two last preceding paragraphs, and this paragraph, shall apply in relation to any loan charge in respect of any fittings, or furniture, office or other equipment or other chattels, made available under this Schedule, or acquired by the Secretary of State, as they apply to premises so made available or acquired, but subject to any necessary modifications.

Premises in which more than one local authority are interestedE+W

7(1)If a compulsory purchase order authorises acquisition of the interest or estate of more than one local authority, whether or not each of them were using the premises to discharge obligations as respects the abolished courts, the notice under paragraph 3(1)(a) above shall be given to each of them.

(2)Sub-paragraphs (4) and (5) of paragraph 3, and paragraphs 4, 5 and 6 of this Schedule shall not apply to a local authority who, although having an interest or estate in the premises, were not using the premises to discharge any obligation to provide accommodation for the abolished courts.

This sub-paragraph is without prejudice to the application of the said provisions to the local authority in relation to any other premises.

(3)If different parts of the premises were used for different abolished courts, sub-paragraph (2) above shall be applied to the different parts of the premises as if the parts were different premises.

There shall be made all such apportionments of compensation for compulsory purchase and of loan charges and other sums as are required to give effect to this sub-paragraph, and to take account of ancillary accommodation and of the degree to which it served the respective courts.

Termination of obligation to provide courthouse or sessions-houseE+W

8Any obligation imposed on any authority by law or custom to provide an assize courthouse, or a sessions-house for a court of quarter sessions, or a courthouse for any other court abolished by this Act, shall be terminated on the appointed day.

Judges’ lodgingsE+W

9(1)The duties and responsibilities of sheriffs, and of local authorities, as respects the provision and maintenance of judges’ lodgings shall, subject to the provisions of this paragraph, remain in force after the appointed day, and the accommodation provided in discharge of those duties shall be at the disposal of all judges, but subject to such directions, if any, as may be given by the Lord Chancellor.

(2)A sheriff or other authority shall be entitled to be reimbursed out of money provided by Parliament for any expenditure incurred by the authority in the performance of duties in pursuance of this paragraph.

(3)All the said duties and responsibilities shall be terminated at the expiration of a period of three years beginning with the appointed day, or in the cases specified in the following provisions of this paragraph, at an earlier date.

(4)If the Lord Chancellor is satisfied that any particular accommodation will cease to be needed, he may by notice to the sheriff or authority terminate the duties and responsibilities as respects that accommodation on the date specified in the notice.

(5)If any particular accommodation is comprised in premises acquired by the Secretary of State, the duties and responsibilities as respects that accommodation shall terminate at the time of acquisition.

Reference of disputes to Lands TribunalE+W

10(1)Any dispute between a Minister and a local authority as to whether any, and if so what, amount is payable under this Schedule shall be referred to and determined by the Lands Tribunal.

(2)Where any question of disputed compensation under the M3Compulsory Purchase Act 1965 is referred to the Lands Tribunal, any related question referable under sub-paragraph (1) above shall, so far as practicable, be considered and disposed of by the Lands Tribunal on the same occasion.

Exclusion of premises in City of LondonE+W

11Nothing in this Schedule applies to any premises in the City of London.

SupplementalE+W

12(1)In this Schedule, unless the context otherwise requires—

• the “appropriate Minister” means either the Secretary of State or the Lord Chancellor, and, where a liability to make any payment is imposed on the appropriate Minister, it shall be the liability of either of them, or divided between them, as they may agree with the concurrence of the Treasury.

• “business of the abolished courts” means the holding of—

  (a)

  a court of assize or court of quarter sessions, or

  (b)

  any other court abolished by this Act,

  and any official business in connection with the work of any such court;

• “local authority” has the same meaning as in the [F3Acquisition of Land Act 1981],

• “Supreme Court and county court business” includes any official business in connection with the work of any such court.

(2)Any reference in this Schedule to use for business of the abolished courts, or for Supreme Court or county court business, includes use for any purpose ancillary to that business, and includes in particular use of a car park by officials and members of the public when attending in connection with any such business, and in determining the extent of use of any premises, account shall be taken of the periods when use is made of the premises, the degree of use of the premises, and the availability of the premises for other purposes when not so used.

(3)In determining for the purposes of this Schedule what use was made of any premises up to the appointed day, account shall primarily be taken of use in the two years ending with the appointed day, but allowing for the periodical or seasonal nature of the sittings of courts of assize or other courts, and where the degree of use is different in the two years, making an estimate of the average use.

(4)If on the appointed day any building is in course of construction which is designed and intended for use, to any extent, for business of the abolished courts, this Schedule shall, except where the context otherwise requires, apply as if it were a completed building being used up to the appointed day for the purposes for which it is intended.