The Public Bodies (Abolition of Crown Court Rule Committee and Magistrates’ Courts Rule Committee) Order 2012

• Citation: S.I. 2012/2398
• Sections: 23

Section 1 Citation, commencement and extent

(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.

Section 2 Abolition of Crown Court Rule Committee and transfer of function of making Crown Court Rules

(1) The Crown Court Rule Committee (established under section 86 of the Senior Courts Act 1981 ) 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1 to the Public Bodies Act 2011 (power to abolish: bodies and offices), the entry for the Crown Court Rule Committee is repealed.

Section 3 Abolition of Magistrates’ Courts Rule Committee

(1) The Magistrates’ Courts Rule Committee (established under section 144 of the Magistrates’ Courts Act 1980 ) 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Public Bodies Act 2011 (power to abolish: bodies and offices), the entry for the Magistrates’ Courts Rule Committee is repealed.

Section 1 Senior Courts Act 1981 (c.54)

The Senior Courts Act 1981 is amended as follows.

Section 2 Senior Courts Act 1981 (c.54)

(1) Section 84 (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(b) the words “, or the Crown Court Rule Committee” are repealed.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.

Section 3 Senior Courts Act 1981 (c.54)

Section 86 (the Crown Court Rule Committee) is repealed.

Section 4 Senior Courts Act 1981 (c.54)

(1) Section 86A (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”.

Section 5 Senior Courts Act 1981 (c.54)

(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”.

Section 6 Senior Courts Act 1981 (c.54)

In section 151 (interpretation), in subsection (3), the words “or the Crown Court Rule Committee” are repealed.

Section 7 Courts and Legal Services Act 1990 (c.41)

In Schedule 18 to the Courts and Legal Services Act 1990 (consequential amendments), in paragraph 36, sub-paragraph (2) is repealed.

Section 8 Freedom of Information Act 2000 (c.36)

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.

Section 9 Constitutional Reform Act 2005 (c.4)

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.

Section 10 Legal Services Act 2007 (c.29)

In Schedule 21 to the Legal Services Act 2007 (minor and consequential amendments), paragraph 46 is repealed.

Section 1 Magistrates’ Courts Act 1980 (c.43)

(1) Section 144 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.

Section 2 Courts and Legal Services Act 1990 (c.41)

In Schedule 18 to the Courts and Legal Services Act 1990 (consequential amendments), in paragraph 25, sub-paragraph (7) is repealed.

Section 3 Freedom of Information Act 2000 (c.36)

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.

Section 4 Courts Act 2003 (c.39)

The Courts Act 2003 is amended as follows.

Section 5 Courts Act 2003 (c.39)

In section 20 (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.

Section 6 Courts Act 2003 (c.39)

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.

Section 7 Courts Act 2003 (c.39)

In section 107 (interpretation), subsection (6) is repealed.

Section 8 Courts Act 2003 (c.39)

In Schedule 8 (minor and consequential amendments), in paragraph 245, sub-paragraph (4) is repealed.

Section 9 Constitutional Reform Act 2005 (c.4)

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.

Section 10 Legal Services Act 2007 (c.29)

In Schedule 21 to the Legal Services Act 2007 (minor and consequential amendments), paragraph 43 is repealed.