The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012

• Citation: S.I. 2012/2401
• Sections: 55

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012.

(2) Subject to paragraph (3) , this Order comes into force on the day after the day on which it is made.

(3) The following provisions come into force on the day after that on which the other provisions of this Order come into force—

(a) paragraphs 36 and 37 of Schedule 1; and

(b) paragraphs 3 and 4 of Schedule 2.

(4) Amendments, repeals and revocations in this Order have the same extent as the provisions amended, repealed or revoked.

Section 2 Abolition of Her Majesty’s Inspectorate of Court Administration

(1) Her Majesty’s Inspectorate of Court Administration, established under section 58 of the Courts Act 2003 , is abolished.

(2) The function of inspecting areas of the Crown Court, county courts and magistrates’ courts where prisoners are detained in custody is transferred to Her Majesty’s Chief Inspector of Prisons.

(3) The function of inspecting any vehicle used to transport prisoners in custody to and from the Crown Court, county courts or magistrates’ courts is transferred to Her Majesty’s Chief Inspector of Prisons.

(4) Any of Her Majesty’s Chief Inspector of Prisons, Her Majesty’s Chief Inspector of the Crown Prosecution Service, Her Majesty’s Inspectorate of Probation for England and Wales and Her Majesty’s Inspectors of Constabulary may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Courts Administration immediately before its abolition.

(5) Paragraph (4) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(6) Schedule 1 (which makes consequential etc provision) has effect.

Section 3 Rights of entry and inspection

(1) An inspector exercising functions under article 2(2) , (3) or (4) may enter any place of work occupied by persons provided under a contract made by the Lord Chancellor by virtue of section 2(4) of the Courts Act 2003.

(2) An inspector exercising functions under article 2(2) , (3) or (4) may inspect and take copies of any records kept by persons provided under such a contract which the inspector considers relevant to the discharge of the inspector’s functions.

(3) Paragraph (1) does not entitle an inspector—

(a) to be present when the Crown Court, a county court or a magistrates’ court is hearing proceedings in private; or

(b) to attend any private deliberations of persons having jurisdiction to hear or determine any proceedings.

(4) The records referred to in paragraph (2) include records kept by means of a computer.

(5) An inspector exercising the power under paragraph (2) to inspect records—

(a) is entitled to have access to, and inspect and check the operation of, any computer and associated apparatus or material which is or has been in use in connection with the records in question, and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been used, or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford the inspector such reasonable assistance as the inspector may require.

(6) The powers conferred by paragraphs (1), (2) and (5) may be exercised at reasonable times only.

Section 4 Abolition of the Public Guardian Board

(1) The Public Guardian Board, established under section 59 of the Mental Capacity Act 2005 , is abolished.

(2) Schedule 2 (which makes consequential etc provision) has effect.

Section 1 Prison Act 1952

The Prison Act 1952 is amended as follows.

Section 2 Prison Act 1952

In section 5A, after subsection (5B), insert—

(5C) The Chief Inspector shall also inspect or arrange for the inspection of—

(a) areas of the Crown Court, county courts and magistrates’ courts where prisoners are detained in custody; and

(b) any vehicle used to transport prisoners in custody to and from the Crown Court, county courts or magistrates’ courts,

and shall report to the Secretary of State on them.

Section 3 Prison Act 1952

In Schedule A1 (further provision about Her Majesty’s Chief Inspector of Prisons)—

(a) paragraph 2(2)(d) is repealed;

(b) paragraph 4(d) is repealed;

(c) paragraph 5(3)(d) is repealed;

(d) after paragraph 6, insert—

Joint inspection of courts

(7)

(1) The Chief Inspector may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the Chief Inspector under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

Section 4 Police Act 1996

The Police Act 1996 is amended as follows.

Section 5 Police Act 1996

In Schedule 4A (further provision about Her Majesty’s Inspectors of Constabulary)—

(a) paragraph 2(2)(d) is repealed;

(b) paragraph 4(d) is repealed;

(c) paragraph 5(3)(d) is repealed;

(d) after paragraph 7, insert—

Joint inspection of courts

(8)

(1) The inspectors of constabulary may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the inspectors of constabulary under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

Section 6 Audit Commission Act 1998

The Audit Commission Act 1998 is amended as follows.

Section 7 Audit Commission Act 1998

In Part 1 of Schedule 2A (interaction with other authorities)—

(a) paragraph 1(1)(e) is repealed;

(b) paragraph 1(2)(c) and the preceding “and” are repealed.

Section 8 Crown Prosecution Service Inspectorate Act 2000

The Crown Prosecution Service Inspectorate Act 2000 is amended as follows.

Section 9 Crown Prosecution Service Inspectorate Act 2000

In the Schedule (further provision about Her Majesty’s Chief Inspector of the Crown Prosecution Service)—

(a) paragraph 2(2)(d) is repealed;

(b) paragraph 4(d) is repealed;

(c) paragraph 5(3)(d) is repealed;

(d) after paragraph 8, insert—

Joint inspection of courts

(9)

(1) The Chief Inspector may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the Chief Inspector under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

Section 10 Criminal Justice and Court Services Act 2000

The Criminal Justice and Court Services Act 2000 is amended as follows.

Section 11 Criminal Justice and Court Services Act 2000

In Schedule 1A (further provision about the inspectorate)—

(a) paragraph 2(2)(d) is repealed;

(b) paragraph 4(d) is repealed;

(c) paragraph 5(3)(d) is repealed;

(d) after paragraph 6, insert—

Joint inspection of courts

(7)

(1) The inspectorate may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition.

(2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

(3) The power of the inspectorate under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

Section 12 Courts Act 2003

The Courts Act 2003 is amended as follows.

Section 13 Courts Act 2003

Part 5 (inspectors of court administration) is repealed.

Section 14 Courts Act 2003

Schedule 3A (further provision about the Inspectors of Court Administration) is repealed.

Section 15 Courts Act 2003

In Schedule 9 (transitional provisions and savings), paragraph 14 is repealed.

Section 16 Public Audit (Wales) Act 2004

The Public Audit (Wales) Act 2004 is amended as follows.

Section 17 Public Audit (Wales) Act 2004

In section 67A (assistance by Auditor General to inspectorates), subsection (1)(e) and the preceding “and” are repealed.

Section 18 Children Act 2004

The Children Act 2004 is amended as follows.

Section 19 Children Act 2004

In section 20 (joint area reviews), subsection (4)(h) is repealed.

Section 20 Education and Inspections Act 2006

The Education and Inspections Act 2006 is amended as follows.

Section 21 Education and Inspections Act 2006

Section 156 (removal of HMICA ’s duty to inspect performance of Assembly’s functions relating to family proceedings) is repealed.

Section 22 Education and Inspections Act 2006

In Schedule 13 (interaction with other authorities)—

(a) paragraph 1(2)(e) is repealed;

(b) paragraph 1(3)(e) is repealed.

Section 23 Education and Inspections Act 2006

In Schedule 14 (minor and consequential amendments relating to Part 8), paragraphs 77 to 81 are repealed.

Section 24 Education and Inspections Act 2006

In Schedule 15 (transitional provisions and savings relating to Part 8)—

(a) paragraph 4(1)(a) is repealed;

(b) in paragraph 9, the entry for “court administration inspector” is repealed.

Section 25 Police and Justice Act 2006

The Police and Justice Act 2006 is amended as follows.

Section 26 Police and Justice Act 2006

Section 32 (Her Majesty’s Inspectorate of Court Administration) is repealed.

Section 27 Local Government and Public Involvement in Health Act 2007

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

Section 28 Local Government and Public Involvement in Health Act 2007

In Schedule 9, paragraph 1(2)(u) is repealed.

Section 29 Local Government and Public Involvement in Health Act 2007

In Schedule 11 (schedule to be inserted in Audit Commission Act 1998), in the Schedule to be inserted—

(a) paragraph 1(1)(e) is repealed;

(b) paragraph 1(2)(c) and the preceding “and” are repealed.

Section 30 Health and Social Care Act 2008

The Health and Social Care Act 2008 is amended as follows.

Section 31 Health and Social Care Act 2008

In Part 1 of Schedule 4 (interaction with other authorities)—

(a) paragraph 1(2)(e) is repealed;

(b) paragraph 1(3)(e) is repealed.

Section 32 Health and Social Care Act 2008

In Part 3 of Schedule 5 (further amendments relating to Part 1), paragraph 75 is repealed.

Section 33 Coroners and Justice Act 2009

The Coroners and Justice Act 2009 is amended as follows.

Section 34 Coroners and Justice Act 2009

Section 39 (inspection of coroner system) is repealed.

Section 35 Coroners and Justice Act 2009

In Part 1 of Schedule 21 (minor and consequential amendments), paragraph 46 is repealed.

Section 36 Public Bodies Act 2011

The Public Bodies Act 2011 is amended as follows.

Section 37 Public Bodies Act 2011

In Schedule 1 (power to abolish: bodies and offices), the entry “Her Majesty’s Inspectorate of Court Administration.” is repealed.

Section 38 Children Act 2004 (Joint Area Reviews) Regulations 2005

The Children Act 2004 (Joint Area Reviews) Regulations 2005 are amended as follows.

Section 39 Children Act 2004 (Joint Area Reviews) Regulations 2005

Paragraph 9 of the Schedule is revoked.

Section 40 Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007

The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007 are amended as follows.

Section 41 Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007

Regulation 15(g) is revoked.

Section 42 Her Majesty’s Inspectorate of Court Administration (Specified Organisations) Order 2007

The Her Majesty’s Inspectorate of Court Administration (Specified Organisations) Order 2007 is revoked.

Section 43 Offender Management Act 2007 (Consequential Amendments) Order 2008

The Offender Management Act 2007 (Consequential Amendments) Order 2008 is amended as follows.

Section 44 Offender Management Act 2007 (Consequential Amendments) Order 2008

In Part 2 of Schedule 1 (amendments of Acts)—

(a) paragraph 26(2)(f) is revoked;

(b) paragraph 27(2)(e) is revoked.

Section 1 Mental Capacity Act 2005

The Mental Capacity Act 2005 is amended as follows.

Section 2 Mental Capacity Act 2005

Section 59 (Public Guardian Board) is repealed.