2012 No. 2398
The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates’ Courts Rule Committee) Order 2012
Made
Coming into force in accordance with article 1(2)
The Secretary of State makes the following Order in exercise of the powers conferred by sections 1, 6(1) and (5) and 35(2) of the Public Bodies Act 20111 (“the Act”).
The Secretary of State considers that this Order—
serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1) of the Act; and
does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.
The Secretary of State has consulted the Welsh Ministers in accordance with section 63(1) of the Government of Wales Act 20062.
The Secretary of State has consulted in accordance with section 10 of the Act.
A draft of this Order and an explanatory document containing the information required in section 11(2) of the Act have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of the Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.
Citation, commencement and extent1
1
This Order may be cited as the Public Bodies (Abolition of Crown Court Rule Committee and Magistrates’ Courts Rule Committee) Order 2012.
2
Subject to paragraph (3), this Order comes into force on the day after the day on which it is made.
3
Articles 2(4) and 3(3) come into force on the day after the day on which the other provisions of this Order come into force.
4
Any amendment or repeal made by this Order has the same extent as the enactment to which it relates.
Abolition of Crown Court Rule Committee and transfer of function of making Crown Court Rules2
1
The Crown Court Rule Committee (established under section 86 of the Senior Courts Act 19813) is abolished.
2
The function of making rules under section 84 of the Senior Courts Act 1981 (Crown Court rules) is transferred to the Lord Chief Justice.
3
Schedule 1 (which makes consequential provision) has effect.
4
In Schedule 1 to the Public Bodies Act 2011 (power to abolish: bodies and offices), the entry for the Crown Court Rule Committee is repealed.
Abolition of Magistrates’ Courts Rule Committee3
1
The Magistrates’ Courts Rule Committee (established under section 144 of the Magistrates’ Courts Act 19804) is abolished.
2
Schedule 2 (which makes consequential provision) has effect.
3
In Schedule 1 to the Public Bodies Act 2011 (power to abolish: bodies and offices), the entry for the Magistrates’ Courts Rule Committee is repealed.
SCHEDULE 1Provision consequential on the abolition of the Crown Court Rule Committee and transfer of the function of making Crown Court rules
Senior Courts Act 1981 (c.54)
1
The Senior Courts Act 1981 is amended as follows.
2
1
Section 845 (power to make rules of court) is amended as follows.
2
In subsection (1), after “Rules of court may be made” insert “by the Lord Chief Justice”.
3
In subsection (9)—
a
after “Family Procedure Rule Committee” insert “or”;
b
the words “, or the Crown Court Rule Committee” are repealed.
4
After subsection (9), insert—
10
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the Lord Chief Justice’s functions under this section.
3
Section 86 (the Crown Court Rule Committee) is repealed.
4
1
Section 86A6 (process for making rules of court under section 84) is amended as follows.
2
In subsection (1), for the words after “must be” to the end substitute “submitted to the Lord Chancellor after being made by the Lord Chief Justice.”
3
In subsection (3), for “Committee” substitute “Lord Chief Justice”.
5
1
Section 86B (rules to be made if required by Lord Chancellor) is amended as follows.
2
In subsection (1), for “Crown Court Rule Committee” substitute “Lord Chief Justice”.
3
In subsection (2)—
a
for “Committee” substitute “Lord Chief Justice”;
b
for “it” substitute “the Lord Chief Justice”.
4
In subsection (3)(a), for “Committee” substitute “Lord Chief Justice”.
6
In section 1517 (interpretation), in subsection (3), the words “or the Crown Court Rule Committee” are repealed.
Courts and Legal Services Act 1990 (c.41)7
In Schedule 18 to the Courts and Legal Services Act 1990 (consequential amendments), in paragraph 36, sub-paragraph (2) is repealed.
Freedom of Information Act 2000 (c.36)8
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices – general), the entry for the Crown Court Rule Committee is repealed.
Constitutional Reform Act 2005 (c.4)9
In Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (other functions of the Lord Chancellor and organisation of the courts), paragraph 137 is repealed.
Legal Services Act 2007 (c.29)10
In Schedule 21 to the Legal Services Act 2007 (minor and consequential amendments), paragraph 46 is repealed.
SCHEDULE 2Provision consequential on the abolition of the Magistrates’ Courts Rule Committee
Magistrates’ Courts Act 1980 (c.43)1
1
Section 1448 of the Magistrates’ Courts Act 1980 (rule committee and rules of procedure) is amended as follows.
2
In the side-note, the words “Rule committee and” are repealed.
3
Subsection (A1) is repealed.
4
In subsection (1), the words “on the advice of or after consultation with the rule committee, and” are repealed.
5
In subsection (1A), the words “and the rules committee” are repealed.
6
Subsections (2), (3) and (3A) are repealed.
Courts and Legal Services Act 1990 (c.41)2
In Schedule 18 to the Courts and Legal Services Act 1990 (consequential amendments), in paragraph 25, sub-paragraph (7) is repealed.
Freedom of Information Act 2000 (c.36)3
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices – general), the entry for the Magistrates’ Courts Rules Committee is repealed.
Courts Act 2003 (c.39)
4
The Courts Act 2003 is amended as follows.
5
In section 209 (rules), in subsection (2)—
a
at the end of paragraph (a) insert “and”;
b
paragraph (c), and the word “and” which precedes it, are repealed.
6
In section 28 (functions), in subsection (9)—
a
at the end of paragraph (a) insert “and”;
b
paragraph (c), and the word “and” which precedes it, are repealed.
7
In section 107 (interpretation), subsection (6) is repealed.
8
In Schedule 8 (minor and consequential amendments), in paragraph 245, sub-paragraph (4) is repealed.
Constitutional Reform Act 2005 (c.4)9
In Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (other functions of the Lord Chancellor and organisation of the courts), in paragraph 102, sub-paragraphs (2) and (5) are repealed.
Legal Services Act 2007 (c.29)10
In Schedule 21 to the Legal Services Act 2007 (minor and consequential amendments), paragraph 43 is repealed.
(This note is not part of the Order)