Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Judicial review
After section 29 of the Senior Courts Act 1981 insert—
In section 31 of the Senior Courts Act 1981 (judicial review)—
in subsection (5), for “quashes” substitute “makes a quashing order in respect of”;
in subsection (5A)(b), for “decision is quashed” substitute “quashing order is made”.
In section 17 of the Tribunals, Courts and Enforcement Act 2007 (supplementary provision about quashing orders made by the Upper Tribunal)—
before subsection (1) insert— ;
in subsection (2)(b), for “decision is quashed” substitute “quashing order is made”.
The amendments made by subsections (1) to (3) have effect only in relation to proceedings commenced on or after the day on which this section comes into force.
In the Tribunals, Courts and Enforcement Act 2007, after section 11 insert—
The amendment made by subsection (1) does not apply in relation to a decision (including any purported decision) of the Upper Tribunal made before the day on which this section comes into force.
Courts, tribunals and coroners
Written procedures for dealing with summary offences
After section 16F of the Magistrates’ Courts Act 1980 insert—
Section 12 of the Magistrates’ Courts Act 1980 (non-appearance of accused following indication of guilty plea) is amended as follows.
In subsection (1)(a), omit the words from “, not” to “instrument”.
After subsection (2) insert—
In subsection (3), after “(1)(b)” insert “and (2A)(c)”.
In subsection (5)—
in paragraph (b), for “with the summons” substitute “as described in subsection (1)(b) or (2A)(c)”;
in the words after paragraph (b), omit the words from “, subject” to “below,”.
After subsection (5) insert—
In subsection (7), in paragraphs (a) and (aa), for “with the summons” substitute “as described in subsection (1)(b) or (2A)(c)”.
Omit subsections (12) and (13).
In section 16A of the Magistrates’ Courts Act 1980 (trial by single justice on the papers), in subsection (1)(b), after “charged” insert “, or is not an individual”.
Offences triable either way: determining the mode of trial
The Magistrates’ Courts Act 1980 is amended as follows.
After section 17 insert—
In section 22A (low-value shoplifting to be summary offence subject to right to elect Crown Court trial)—
in subsection (1), at the end insert “, subject to subsections (1D) and (2)”;
after subsection (1) insert— ;
in subsection (2)—
for “But” substitute “Subject to subsections (1D) and (1E),”;
omit paragraph (a).
In the Magistrates’ Courts Act 1980, after section 17B insert—
In the Magistrates’ Courts Act 1980, after section 24 insert—
The Magistrates’ Courts Act 1980 is amended as follows.
In section 17B (power to proceed with indication of plea hearing in absence of disorderly but represented accused)—
for the heading substitute “Power to proceed if accused does not appear to give indication as to plea”;
for subsection (1) substitute— ;
in subsection (2), for the words before paragraph (a) substitute “If a legal representative of the accused is present at the hearing—”;
after subsection (4) insert—
In section 18 (procedure for determining mode of trial), omit subsection (3).
In section 23 (power to proceed with allocation hearing in absence of represented accused)—
for the heading substitute “Power to proceed if accused absent from allocation hearing”;
for subsection (1) substitute— ;
in subsection (4), in the words before paragraph (a), after “If” insert “a legal representative of the accused is present at the hearing and”;
after subsection (4) insert—
After section 24B insert—
Transfer of cases between courts
Section 51 of the Crime and Disorder Act 1998 (sending of adult defendants to Crown Court for trial) is amended as set out in subsections (2) to (5).
For subsection (1) substitute—
In subsection (2)(b)—
for the words from “section” to “25(2D)” substitute “any provision of Part 1”;
for “subsection (1) above” substitute “this section”.
After subsection (2) insert—
For subsections (3) to (12) substitute—
Section 51A of the Crime and Disorder Act 1998 (sending of children or young persons to Crown Court for trial) is amended as set out in subsections (7) to (10).
Before subsection (1) insert—
Omit subsection (2).
After subsection (3) insert—
For subsections (4) to (10) substitute—
After section 46 of the Senior Courts Act 1981 insert—
In section 25 of the Sentencing Code (remission of offenders aged under 18 to youth court for sentence), after subsection (2) insert—
After section 25 of the Sentencing Code insert—
Section 47 of the Crime and Disorder Act 1998 (powers of youth courts) is amended as follows.
Before subsection (1) insert—
For subsection (1) substitute—
In subsection (2)—
in the words before paragraph (a), for “under subsection (1)” substitute “or sent under subsection (1) or (1A)”;
in paragraph (a), for “of remission” substitute “for the remission or sending”;
in paragraph (b), for “remitting” substitute “youth”.
In subsection (3)—
for “remitting” substitute “youth”;
after “remitted” insert “or sent”.
In subsection (4)—
the words from “all” to the end become paragraph (a);
in that paragraph, for “remitting” substitute “youth”;
at the end of that paragraph insert
After subsection (4) insert—
Sentencing powers of magistrates’ courts
In section 224 of the Sentencing Code (general limit on magistrates’ court’s power to impose custodial sentence)—
in subsection (1), for the words after paragraph (b) substitute “for a term exceeding the applicable limit in respect of any one offence”;
after subsection (1) insert—
in subsection (2), for the words from “more than” to the end substitute “a term exceeding the applicable limit”.
In Part 8 of Schedule 23 to the Sentencing Act 2020 (powers to amend the Sentencing Code in relation to custodial sentences), before paragraph 15 insert—
In Schedule 1 to the Interpretation Act 1978, after the entry requiring the definitions relating to offences to be construed without regard to section 22 of the Magistrates’ Courts Act 1980 insert—
In section 32(1) of the Magistrates’ Courts Act 1980 (maximum penalty on summary conviction for certain either-way offences), for “12 months” substitute “the general limit in a magistrates’ court”.
In section 282(3) of the Criminal Justice Act 2003 (maximum custodial term on summary conviction for certain either-way offences)—
omit “maximum”;
for “12 months” substitute “a term not exceeding the general limit in a magistrates’ court”.
Subsection (7) applies to relevant legislation—
which provides for a maximum term of imprisonment of 12 months on summary conviction for an offence triable either way, and
in relation to which section 282(3) of the Criminal Justice Act 2003 does not apply.
Relevant legislation to which this subsection applies is to be read as providing for a term of imprisonment not exceeding the general limit in a magistrates’ court (in place of the term referred to in subsection (6)(a)).
Subsection (9) applies to relevant primary legislation that confers a power (in whatever terms) to make subordinate legislation providing for a maximum term of imprisonment, on summary conviction for an offence triable either way, of—
6 months, in the case of an enactment contained in an Act passed on or before 20 November 2003, or
12 months, the case of any other relevant primary legislation.
Relevant primary legislation to which this subsection applies is to be read as conferring a power to provide for a term of imprisonment not exceeding the general limit in a magistrates’ court (in place of the term referred to in subsection (8)(a) or (b)).
The Secretary of State may by regulations—
amend relevant legislation in relation to which section 282(3) of the Criminal Justice Act 2003 applies, to spell out the effect of that provision (as amended by subsection (5));
amend relevant legislation to which subsection (7) applies, to spell out the effect of that subsection;
amend relevant primary legislation to which subsection (9) applies, to spell out the effect of that subsection;
amend relevant legislation in consequence of an amendment under any of the preceding paragraphs.
In this section—“relevant legislation” means an enactment contained in—an Act passed before or in the same Session as this Act, an Act or Measure of Senedd Cymru enacted before the passing of this Act, subordinate legislation made before the passing of this Act, or assimilated direct legislation, not falling within the preceding paragraphs, made before the passing of this Act;“relevant primary legislation” means an enactment falling within paragraph (a) or (b) of the definition of “relevant legislation”;“subordinate legislation” means subordinate legislation within the meaning of the Interpretation Act 1978 (see section 21(1) of that Act) or any equivalent instrument made or to be made under an Act or Measure of Senedd Cymru.
Miscellaneous and consequential provision
Section 34A of the Children and Young Persons Act 1933 (attendance at court of parent or guardian) is amended as follows.
In the heading, after “court” insert “or other involvement”.
After subsection (1) insert—
In subsection (2), for “the reference in subsection (1)” substitute “a reference in any of subsections (1) to (1C)”.
In section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (issue of witness summons on application to Crown Court), in subsection (8)(d), at the end insert “(if the application is determined at a hearing)”.
In section 8C of the Magistrates’ Courts Act 1980 (restrictions on reporting of certain pre-trial hearings in the magistrates’ court), in subsections (4)(a) and (5)(a), for “hearing” substitute “considering”.
In section 11 of the Criminal Justice Act 1987 (restrictions on reporting of certain preparatory hearings in the Crown Court), in subsections (7) and (8), for “hearing” substitute “considering”.
In the Criminal Procedure and Investigations Act 1996—
in section 37 (restrictions on reporting of certain preparatory hearings in the Crown Court), in subsections (6) and (7), for “hearing” substitute “considering”;
in section 41 (restrictions on reporting of certain pre-trial hearings in the Crown Court), in subsections (4) and (5), for “hearing” substitute “considering (in the case of proceedings in England and Wales) or hearing (in the case of proceedings in Northern Ireland)”.
In the Crime and Disorder Act 1998—
in section 52A (restrictions on reporting of certain initial proceedings in the magistrates’ court), in subsections (3) and (4), for “hearing” substitute “considering”;
in paragraph 3 of Schedule 3 (restrictions on reporting of applications for dismissal of charge in the Crown Court), in sub-paragraph (3), for “hearing” substitute “considering”.
In section 47 of the Youth Justice and Criminal Evidence Act 1999 (restrictions on reporting of certain matters to do with witnesses), in subsections (4) and (5), for “hearing” substitute “considering (in the case of proceedings in England and Wales) or hearing (in the case of other proceedings)”.
In section 71 of the Criminal Justice Act 2003 (restrictions on reporting of prosecution appeals), in subsections (5)(a) and (6)(a), for “hearing” substitute “considering”.
Schedule 1 amends various provisions to do with the service or delivery of documents so as to allow the same methods to be adopted as for service under Criminal Procedure Rules.
The Lord Chancellor may, by regulations, make consequential or supplementary provision in relation to any provision of this Chapter.
The regulations may, in particular, amend, repeal or revoke—
any provision of an Act passed before this Act or in the same Session, or
any provision contained in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever the legislation was made or the Act under which it was made was passed).
Regulations under this section that amend or repeal any provision of an Act are subject to affirmative resolution procedure (see section 49(3)).
Any other regulations under this section are subject to negative resolution procedure (see section 49(4)).
Schedule 2 contains amendments that are consequential on, or related to, the preceding provisions of this Chapter.
For proceedings of a specified kind, there are to be rules which— and are otherwise to govern the practice and procedure to be followed in that kind of proceedings.
must require that kind of proceedings, or one or more aspects of that kind of proceedings, to be initiated by electronic means;
may authorise or require that kind of proceedings, or one or more aspects of that kind of proceedings, to be conducted, progressed or disposed of by electronic means;
may authorise or require the parties to that kind of proceedings (and their representatives) to participate in hearings, including the hearing at which the proceedings are disposed of, by electronic means;
The rules are to be called “Online Procedure Rules”.
that practice and procedure under the Rules are accessible and fair,
that the Rules are both simple and simply expressed,
that disputes may be resolved quickly and efficiently under the Rules, and
that the Rules support the use of innovative methods of resolving disputes.
For the purposes of subsection (3)(a), regard must be had to the needs of persons who require online procedural assistance.
Different Online Procedure Rules may be made for different kinds of proceedings.
Where Online Procedure Rules require a person— Online Procedure Rules must also provide that, if the person is not legally represented, the person may instead choose to do so by non-electronic means.
to initiate, conduct or progress proceedings by electronic means, or
to participate in proceedings, other than a hearing, by electronic means,
Where Online Procedure Rules require a person to participate in a hearing by electronic means, Online Procedure Rules must also provide that a court or tribunal may, on an application or of its own initiative, order or otherwise direct that person, or any other person, to participate by non-electronic means.
The provision that may be made under subsection (1)(b) includes provision authorising or requiring— to be disposed of by electronic means as a result of steps which the parties take, or fail to take, by electronic means.
any question arising in proceedings, or
the final determination of proceedings,
Online Procedure Rules may provide—
for circumstances in which proceedings of a specified kind—
are not to be governed by the Rules, or
are to cease to be governed by the Rules, and
for the proceedings to be governed by the applicable standard rules instead.
Online Procedure Rules may provide—
for circumstances in which excluded proceedings—
are to be governed by Online Procedure Rules, or
are to be governed again by Online Procedure Rules, and
for the proceedings to cease to be governed by the applicable standard rules.
For the purposes of subsection (10)(a), proceedings are “excluded” if the proceedings are not governed, or cease to be governed, by Online Procedure Rules under provision of the kind referred to in subsection (9)(a).
Online Procedure Rules may provide—
for proceedings of a specified kind to be taken in a court or tribunal which is not the court or tribunal in which they would be taken if governed by the applicable standard rules;
for different proceedings (whether of the same specified kind or different specified kinds) to be taken together in a particular court or tribunal (which need not be the court or tribunal in which any or all of those proceedings would be taken if governed by the applicable standard rules).
But Online Procedure Rules may not provide—
for proceedings to be taken in a court or tribunal that is not established under the law of the jurisdiction in which those proceedings are brought, or
for an appeal to be taken in the court or tribunal whose judgment or decision is being appealed against.
This section is subject to section 21.
Schedule 3 makes provision about practice directions in relation to proceedings governed by Online Procedure Rules.
Proceedings are of a “specified kind” for the purposes of section 19 if they are a kind of— specified in regulations made by the Lord Chancellor.
civil proceedings in England and Wales,
family proceedings in England and Wales,
proceedings in the First-tier Tribunal,
proceedings in the Upper Tribunal,
proceedings in employment tribunals, or
proceedings in the Employment Appeal Tribunal,
The matters by reference to which a kind of proceedings may be specified in regulations under subsection (1) include—
the legal basis of the proceedings;
the factual basis of the proceedings;
the value of the matter in issue in the proceedings;
the court or tribunal in which the proceedings are to be brought or continued.
Regulations under this section are subject to the concurrence requirement (see section 32(1)).
Regulations under this section are subject to affirmative resolution procedure (see section 49(3)).
The Lord Chancellor may, by regulations, provide for circumstances in which—
a person initiating proceedings of a specified kind may choose whether the proceedings are to be governed by Online Procedure Rules or the applicable standard rules;
the person initiating any aspect of proceedings that are governed by Online Procedure Rules may choose for that aspect to be initiated, conducted, progressed or disposed of in accordance with the applicable standard rules instead of Online Procedure Rules.
Directions under Schedule 3 do not apply to proceedings to the extent that the applicable standard rules apply to those proceedings by virtue of regulations under subsection (1)(b).
The Lord Chancellor may, by regulations, provide—
for circumstances in which proceedings of a specified kind—
are not to be governed by Online Procedure Rules, or
are to cease to be governed by Online Procedure Rules, and
for the proceedings to be governed by the applicable standard rules instead.
The Lord Chancellor may, by regulations, provide—
for circumstances in which excluded proceedings—
are to be governed by Online Procedure Rules, or
are to be governed again by Online Procedure Rules, and
for the proceedings to cease to be governed by the applicable standard rules.
For the purposes of subsection (4)(a), proceedings are “excluded” if the proceedings are not governed, or cease to be governed, by Online Procedure Rules because of—
Online Procedure Rules of the kind referred to in section 19(9)(a), or
regulations under subsection (1)(a) or (3)(a).
Regulations under this section are subject to the concurrence requirement (see section 32(1)).
Regulations under this section are subject to affirmative resolution procedure (see section 49(3)).
Online Procedure Rules are to be made by a committee known as the Online Procedure Rule Committee.
The Committee is to consist of the persons appointed under subsections (3) and (4).
The Lord Chief Justice is to appoint—
one person who is a judge of the Senior Courts of England and Wales, and
two persons each of whom is either—
a judge of the Senior Courts of England and Wales, a Circuit Judge or a district judge, or
a judge of the First-tier Tribunal, a judge of the Upper Tribunal, an Employment Judge, or a judge of the Employment Appeal Tribunal nominated as such by the Lord Chief Justice.
The Lord Chancellor is to appoint—
one person who is a barrister in England and Wales, a solicitor of the Senior Courts of England and Wales, or a legal executive,
one person who has experience in, and knowledge of, the lay advice sector, and
one person who has experience in, and knowledge of, information technology relating to end-users’ experience of internet portals.
Before appointing a person under subsection (3)(a) the Lord Chief Justice must consult—
the Lord Chancellor, and
the Senior President of Tribunals.
Before appointing a person under subsection (3)(b) the Lord Chief Justice must—
consult the Lord Chancellor and the Secretary of State, and
obtain the agreement of the Senior President of Tribunals.
Before appointing a person under subsection (4)(a) the Lord Chancellor must consult—
the Lord Chief Justice,
the Senior President of Tribunals, and
the relevant authorised body.
Before appointing a person under subsection (4)(b) or (c) the Lord Chancellor must consult—
the Lord Chief Justice, and
the Senior President of Tribunals.
The Lord Chief Justice may appoint one of the persons appointed under subsection (3)(a) or (b) to be the chair of the Online Procedure Rule Committee.
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any function of the Lord Chief Justice under this section.
The Lord Chancellor may reimburse the members of the Online Procedure Rule Committee their travelling and out-of-pocket expenses.
In this section— “legal executive” means a person authorised by the Chartered Institute of Legal Executives to practise as a member of the profession of legal executives; “relevant authorised body”, in relation to an appointment under subsection (4)(a), means— the General Council of the Bar of England and Wales, if the appointment is of a barrister; the Law Society of England and Wales, if the appointment is of a solicitor; the Chartered Institute of Legal Executives, if the appointment is of a legal executive.
For making Online Procedure Rules for proceedings of a kind set out in an entry in the first column of the following table, the Online Procedure Rule Committee has the powers set out in the corresponding entry in the second column.
Online Procedure Rules may apply other procedural provision.
The other procedural provision may be applied to proceedings of a particular kind even if the provision would not normally be applicable to that kind of proceedings.
The other procedural provision may be applied—
to any extent;
with or without modifications;
as amended from time to time.
In subsections (2) to (4) “other procedural provision” means—
Civil Procedure Rules,
Family Procedure Rules,
Tribunal Procedure Rules,
Employment Tribunal Procedure Rules,
other rules of court,
directions under—
section 5 of the Civil Procedure Act 1997,
section 81 of the Courts Act 2003, or
section 23 of the Tribunals, Courts and Enforcement Act 2007, or
any other provision governing the practice or procedure of a court or tribunal which is made by or under an enactment (whenever passed or made).
Online Procedure Rules may, instead of providing for any matter, refer to provision made or to be made about that matter by directions under Schedule 3.
This section applies to Online Procedure Rules which provide—
for the transfer by electronic means of information held for the purposes of an online dispute-resolution service to a court or tribunal, or
for a court or tribunal to take into account, for any purpose, steps that a party to proceedings has or has not taken in relation to an online dispute-resolution service.
The Rules may be expressed so that their application in relation to a particular service depends on things done by a particular person from time to time.
The Rules may, for example, refer to such services as—
appear from time to time in a list published by a particular person, or
are from time to time certified by a particular person as complying with particular standards.
In this section— “online dispute-resolution service” means a service accessible by electronic means for facilitating the resolution of disputes without legal proceedings; “particular person” and “particular standards” include, respectively, a person of a particular description and standards of a particular description.
The Lord Chancellor may by regulations—
make consequential amendments in any other provision of section 22 or in subsection (2) or (3) of this section.
The Lord Chancellor may make regulations under this section only with the concurrence of—
the Lord Chief Justice, and
the Senior President of Tribunals.
Before making regulations under this section, the Lord Chancellor must consult the following persons—
the Head of Civil Justice;
the Deputy Head of Civil Justice (if there is one);
the President of the Family Division.
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 function of the Lord Chief Justice under subsection (2).
Regulations under this section are subject to negative resolution procedure (see section 49(4)).
Before making Online Procedure Rules, the Online Procedure Rule Committee must—
consult such persons as they consider appropriate, and
hold a meeting (unless it is inexpedient to do so).
Rules made by the Online Procedure Rule Committee must be—
signed by—
at least half of the members of the Committee, where one of the signatories is the chair, or
a majority of the members of the Committee, in any other case, and
submitted to the Lord Chancellor.
The Lord Chancellor may allow or disallow Online Procedure Rules made by the Committee.
In deciding whether to allow or disallow rules, the Lord Chancellor must have regard to the needs of persons who require online procedural assistance.
If the Lord Chancellor disallows rules, the Lord Chancellor must give the Committee written reasons for doing so.
Rules made by the Committee and allowed by the Lord Chancellor—
come into force on such day as the Lord Chancellor directs, and
are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 applies as if the instrument contained rules made by a Minister of the Crown.
A statutory instrument containing Online Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies if the Lord Chancellor gives the Online Procedure Rule Committee written notice that the Lord Chancellor thinks it is expedient for Online Procedure Rules to include provision that would achieve a purpose specified in the notice.
The Committee must make such Online Procedure Rules as it considers necessary to achieve the specified purpose.
Those Rules must be—
made within a reasonable period after the Lord Chancellor gives notice to the Committee;
made in accordance with section 26.
The Lord Chancellor may by regulations amend, repeal or revoke any enactment to the extent that the Lord Chancellor considers necessary or desirable in consequence of, or in order to facilitate the making of, Online Procedure Rules.
In subsection (1), “enactment” means any enactment whenever passed or made, including an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
The Lord Chancellor must consult the Lord Chief Justice and the Senior President of Tribunals before making regulations under this section.
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 function under subsection (3).
Regulations under this section that amend or repeal any provision of an Act are subject to affirmative resolution procedure (see section 49(3)).
Any other regulations under this section are subject to negative resolution procedure (see section 49(4)).
The Lord Chancellor must arrange for the provision of such support as the Lord Chancellor considers to be appropriate and proportionate for persons who require online procedural assistance.
The Lord Chancellor may, by regulations, make consequential or supplementary provision in relation to any provision of this Chapter.
The regulations may, in particular, amend, repeal or revoke—
any provision of an Act passed before this Act or in the same Session, or
any provision contained in subordinate legislation within the meaning of the Interpretation Act 1978 (whenever the legislation was made or the Act under which it was made was passed).
Regulations under this section that amend or repeal any provision of an Act are subject to affirmative resolution procedure (see section 49(3)).
Any other regulations under this section are subject to negative resolution procedure (see section 49(4)).
Schedule 4 contains amendments in connection with the preceding provisions of this Chapter.
Where regulations under this Chapter are subject to the “concurrence requirement”, the Lord Chancellor—
must obtain the concurrence of the Lord Chief Justice before making the regulations if, or to the extent that, the regulations relate to—
civil proceedings in England and Wales, or
family proceedings in England and Wales;
must obtain the concurrence of the Senior President of Tribunals before making the regulations if, or to the extent that, the regulations relate to proceedings in—
the First-tier Tribunal,
the Upper Tribunal,
employment tribunals, or
the Employment Appeal Tribunal.
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 function of the Lord Chief Justice under subsection (1)(a).
In this Chapter— “applicable standard rules” means— Civil Procedure Rules, in the case of civil proceedings in England and Wales; Family Procedure Rules, in the case of family proceedings in England and Wales; Tribunal Procedure Rules, in the case of proceedings in the First-tier Tribunal or the Upper Tribunal; Employment Tribunal Procedure Rules, in the case of proceedings in employment tribunals or the Employment Appeal Tribunal; “civil proceedings in England and Wales” means proceedings in relation to which Civil Procedure Rules may be made under the Civil Procedure Act 1997; “family proceedings in England and Wales” means family proceedings within the meaning given by section 75 of the Courts Act 2003; “Lord Chief Justice” means the Lord Chief Justice of England and Wales; “Online Procedure Rules” has the meaning given by section 19(2); “persons who require online procedural assistance” means persons who, because of difficulties in accessing or using electronic equipment, require assistance in order to initiate, conduct, progress or participate in proceedings by electronic means in accordance with Online Procedure Rules; “specified kind” (in relation to proceedings) is to be read in accordance with section 20(1).
The Employment Tribunals Act 1996 is amended as set out in subsections (2) to (4).
For section 7 substitute—
For section 30 substitute—
At the beginning of Part 3 insert—
Schedule 5 contains further provision in connection with the provision made by the preceding subsections.
The Employment Tribunals Act 1996 is amended as follows.
For section 4 substitute—
For section 28 substitute—
In section 41(2) (orders, regulations and rules subject to affirmative procedure)—
omit “, 4(4) or (6D)” and “, 28(5)”;
before “37N” insert “4, 28,”.
the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (S.I. 2013/1237),
the Employment Appeal Tribunal Rules 1993 (S.I. 1993/2854), or
any practice direction made under section 7A of the Employment Tribunals Act 1996 or the regulations referred to in paragraph (a).
Chapter 2A of Part 1 of the Tribunals, Courts and Enforcement Act 2007 (which makes provision in connection with the exercise of functions of tribunals by persons authorised under Tribunal Procedure Rules) is amended as follows.
In section 29A (meaning of certain terms)—
for the heading substitute “Interpretation of Chapter”;
in the definition of “authorised person”—
for “paragraph 3 of Schedule 5” substitute “a relevant Procedure Rule”;
for “the First-tier Tribunal or Upper Tribunal” substitute “a tribunal”;
in the definition of “judicial office holder”—
for “has” substitute “means— ;
at the end insert ;
at the end insert—
In each of the following provisions, for “paragraph 3 of Schedule 5” substitute “a relevant Procedure Rule”—
section 29B(2) (authorised person not subject to directions not made under that section);
section 29C(1)(a) and (2)(a) (protection against actions for authorised persons acting within or without jurisdiction);
section 29D(1) (protection against costs for authorised persons).
In the following provisions of the Employment Tribunals Act 1996, for “Secretary of State”, in each place it occurs, substitute “Lord Chancellor”—
section 5(1), (2) and (3) (remuneration of members of employment tribunals etc);
section 27(1), (3) and (4) (remuneration of members of Employment Appeal Tribunal etc).
Section 4 of the Coroners and Justice Act 2009 (discontinuance of investigation where cause of death revealed by post-mortem examination) is amended as set out in subsections (2) and (3).
In the heading, for “revealed by post-mortem examination” substitute “becomes clear before inquest”.
In subsection (1), for paragraph (a) substitute— .
In the following provisions of the Births and Deaths Registration Act 1953, for “revealed by post-mortem examination” substitute “becoming clear before inquest”—
in section 2(1), paragraph (ii) of the proviso;
in section 16(3), paragraph (ii) of the proviso;
in section 17(3), paragraph (ii) of the proviso;
section 29(3B).
In section 273(2)(a) of the Merchant Shipping Act 1995, for “revealed by post-mortem examination” substitute “becoming clear before inquest”.
In Schedule 21 to the Coroners and Justice Act 2009 (which, among other things, makes amendments to the Births and Deaths Registration Act 1953 that have yet to come into force)—
in paragraph 10(5), in the inserted subsection (2)(b), for “revealed by post-mortem examination” substitute “becoming clear before inquest”;
in paragraph 11(2), in the substituted section (A1)(b), for “revealed by post-mortem examination” substitute “becoming clear before inquest”;
in paragraph 16(2), in the substituted paragraph (a), for the words from “there has” to “the death,” substitute .
The Coroners and Justice Act 2009 is amended as follows.
After section 9B insert—
In section 10(1) (determinations and findings required at inquest), for “hearing the evidence at” substitute “considering the evidence given to”.
In section 45(2) (provision that may be made in Coroners rules), in paragraph (e), for “at” substitute “in the course of”.
In section 47(2) (interested persons), in paragraph (l), after “attend” insert “or follow”.
In paragraph 11 of Schedule 1 (resumption of inquests after adjournment)—
in sub-paragraph (2), for “The following provisions” substitute “Sub-paragraphs (3) and (4)”;
after sub-paragraph (4) insert—
Section 45 of the Coroners and Justice Act 2009 (Coroners rules) is amended as follows.
In subsection (2) (examples of provision that may be contained in Coroners rules), after paragraph (e) insert— .
After subsection (2) insert—
In section 7 of the Coroners and Justice Act 2009 (whether inquest to be held with jury), after subsection (4) insert—
The amendment made by subsection (1) has effect in relation to any inquest opened on or after the day on which this section comes into force (regardless of the date of death).
The inserted subsection expires at the end of the period of two years beginning with the day on which this section comes into force, subject to regulations under subsection (6).
Before the expiry day, the Lord Chancellor must assess the likely effects of the expiry of the inserted subsection on the coronial system.
Subsection (6) applies if, having carried out that assessment, the Lord Chancellor considers that it would be expedient for the inserted subsection to continue in force beyond the expiry day.
The Lord Chancellor may, at any time before the inserted subsection expires, make regulations providing for the inserted subsection—
not to expire when it would otherwise expire, but
to expire at the end of such later day as is specified in the regulations.
The day specified under subsection (6)(b) may not be later than two years after the expiry day as it stands immediately before the making of the regulations.
Regulations under subsection (6) are subject to affirmative resolution procedure (see section 49(3)).
Subsection (2) expires when the inserted subsection expires. But the expiry of the inserted subsection does not affect any inquest opened while the inserted subsection was in force.
In this section— “the inserted subsection” means subsection (5) of section 7 of the Coroners and Justice Act 2009, as inserted by subsection (1); “the expiry day” means the day at the end of which the inserted subsection is for the time being due to expire (whether by virtue of subsection (3) or regulations under subsection (6)).
In the Coronavirus Act 2020, omit section 30 (suspension of requirement for jury at inquest where coronavirus suspected).
The repeal made by subsection (11) does not affect any inquest opened while the repealed section was in force.
In Schedule 22 to the Coroners and Justice Act 2009 (transitional provision etc), after paragraph 1 insert—
In section 23 of the Births and Deaths Registration Act 1953 (furnishing of information by coroner in connection with registration of death), after subsection (3) insert—
Local justice areas
Local justice areas are abolished.
Accordingly, omit section 8 of the Courts Act 2003 (local justice areas).
The Lord Chancellor may, by regulations, make consequential or supplementary provision in relation to the abolition of local justice areas.
Regulations under this section may include provision amending, repealing or revoking provision made by or under an Act (whenever passed or made).
Regulations under this section that amend or repeal any provision made by an Act are subject to affirmative resolution procedure (see section 49(3)).
Any other regulations under this section are subject to negative resolution procedure (see section 49(4)).
Courthouses in the City of London
Section 29 of the Courts Act 1971 (court accommodation in the City of London) is amended as follows.
In subsection (1)—
omit “respectively”;
omit “and the Mayor’s and City of London Court”;
for “those names” substitute “that name”;
for “those courts respectively” substitute “that court”.
In subsection (2), for “courts” substitute “court”.
Omit paragraph 16 of Schedule 2 to the Courts Act 2003 (power to impose an obligation to provide premises for the City of London Magistrates’ Court).
In consequence of the repeal made by subsection (1), omit paragraph 35 of Schedule 14 to the Access to Justice Act 1999 (continuing provision of court-houses, accommodation etc).
Pro bono representation in courts and tribunals
In section 194 of the Legal Services Act 2007 (payments in respect of pro bono representation in civil proceedings in England and Wales)—
in the heading, at the end insert “: civil courts in England and Wales”;
in subsection (8), for “by order made by the Lord Chancellor” substitute “under section 194C”;
omit subsection (9);
in subsection (10)—
in the definition of “civil court”, omit paragraph (a);
omit the definition of “relevant civil appeal”.
After section 194 of the Legal Services Act 2007 insert—
After section 194A of the Legal Services Act 2007 (as inserted by subsection (2)) insert—
After section 194B of the Legal Services Act 2007 (as inserted by subsection (3)) insert—
In paragraph 17(1) of Schedule 4 to the Enterprise Act 2002 (rules that may be made about procedure of Competition Appeal Tribunal), omit paragraph (ha).
In paragraph 32 of Schedule 8 to the Consumer Rights Act 2015 (amendments of paragraph 17 of Schedule 4 to the Enterprise Act 2002), omit sub-paragraph (a).
Final provisions
Regulations under this Act are to be made by statutory instrument.
A power to make regulations under this Act includes power to make— This subsection does not apply in relation to section 51 (but see subsections (5) and (6) of that section).
incidental, transitional or saving provision;
different provision for different purposes or for different areas.
Where regulations under this Act are subject to “affirmative resolution procedure”, a statutory instrument containing the regulations (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Where regulations under this Act are subject to “negative resolution procedure”, a statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
But regulations under this Act are not subject to negative resolution procedure (notwithstanding any other provision of this Act) if a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
An amendment or repeal made by this Act has the same extent as the provision amended or repealed, subject to subsections (3) to (6).
The following provisions extend only to England and Wales—
section 42;
section 45(1);
paragraph 3(2) of Schedule 2;
Part 1 of Schedule 3.
Section 48(3) extends to England and Wales and Northern Ireland.
Paragraph 3(5) of Schedule 2 extends to England and Wales, Scotland and Northern Ireland.
Part 3 of Schedule 3 extends only to England and Wales and Scotland.
Except as otherwise provided above, this Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions of this Act come into force on the day on which this Act is passed—
section 11;
section 13(3);
this Part.
If paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (as it was enacted) has been brought in force in relation to either-way offences before the passing of this Act, the following provisions come into force on the day after the day on which this Act is passed—
section 13 (except subsection (3));
The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act is passed—
section 15;
Chapter 4 of Part 2, except section 44;
section 48.
Except as provided above, this Act comes into force on such day as the Lord Chancellor may by regulations appoint.
Different days may be appointed for different purposes.
The Lord Chancellor may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act of that Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
This Act may be cited as the Judicial Review and Courts Act 2022.
Documents to be served in accordance with Criminal Procedure Rules
In section 243 of the Road Traffic Act 1960 (proof, in summary proceedings under section 232 of that Act, of identity of driver of vehicle), in paragraph (a), for “by post” substitute “in accordance with Criminal Procedure Rules”.
In section 29 of the Misuse of Drugs Act 1971 (service of documents), before subsection (1) insert—
In paragraph 8 of the Schedule to the Prices Act 1974 (institution of proceedings)—
in sub-paragraph (3), after “person” insert ;
after that sub-paragraph insert—
In paragraph 10 of Schedule 4 to the Salmon and Freshwater Fisheries Act 1975 (delivery up of licence by defendant)—
in sub-paragraph (a), for “cause it to be delivered to the proper officer of the court” substitute “serve it on the proper officer of the court in accordance with Criminal Procedure Rules”;
omit paragraph (b);
in the words after paragraph (c), for the words from “posted” to “delivered” substitute “served the licence or authorisation under section 27A above”.
In section 5(1) of the Isle of Man Act 1979 (summonses etc for offences relating to common duties etc)—
omit “in the United Kingdom”;
after “may” insert “, if the court is in England and Wales, be served in accordance with Criminal Procedure Rules or, if the court is in Scotland or Northern Ireland,”.
In section 82 of the Magistrates’ Courts Act 1980 (restriction on power to impose imprisonment for default), in subsection (5F), for the words from “by registered post” to the end substitute “in accordance with Criminal Procedure Rules”.
In section 72 of the Public Passenger Vehicles Act 1981 (proof in summary proceedings of identity of driver of vehicle), in paragraph (a)—
for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”;
for “by post” substitute “in accordance with Criminal Procedure Rules”.
In section 19 of the Video Recordings Act 1984 (evidence by certificate)—
after subsection (4) insert— ;
in subsection (5), after “proceedings” insert “in Northern Ireland”.
In section 83 of the Weights and Measures Act 1985 (prosecution of offences)—
in subsection (4), after “person” insert ;
after that subsection insert—
The Road Traffic Act 1988 is amended as follows.
In section 164 (powers to require driving licence or date of birth)—
in subsection (10)—
after “him” (in the first place it occurs) insert ;
for “this subsection” (in both places it occurs) substitute “this paragraph”;
after subsection (10) insert—
In section 172 (duty to identify driver where offence alleged)—
in subsection (7), for “by post” substitute “in accordance with Criminal Procedure Rules, if the alleged offence took place in England and Wales, or by post otherwise”;
after that subsection insert—
The Road Traffic Offenders Act 1988 is amended as follows.
In section 1 (requirement for warning etc before certain prosecutions), after subsection (1) insert—
In section 12 (proof of identify of driver in summary proceedings), in subsections (1)(a) and (3)(a), for “by post” substitute “in accordance with Criminal Procedure Rules”.
In section 16 (documentary evidence as to specimens of breath, blood or urine), in subsection (6), after “may” insert .
In section 25 (requirement to inform court of date of birth and sex following conviction), in subsection (7)—
after “him” (in the first place it occurs) insert “— ;
for “this subsection” (in both places it occurs) substitute “this paragraph”.
In section 85 (service of certain documents in connection with alleged offences), before subsection (1) insert—
In section 35 of the Transport and Works Act 1992 (documentary evidence as to specimens of breath, blood or urine), in subsection (7), after “means” insert “, in relation to proceedings in England and Wales, served in accordance with Criminal Procedure Rules or, otherwise,”.
The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
In section 60 (attendance centre orders), in subsection (11)(b), for the words from “send” to the end substitute “serve a copy on that person in accordance with Criminal Procedure Rules”.
In Schedule 5 (breach, revocation and amendment of attendance centre orders)—
in paragraph 4(5)(a), for the words from “send” to “abode” substitute “serve a copy on the offender in accordance with Criminal Procedure Rules”;
in paragraph 5(3)(a), for the words from “send” to “abode” substitute “serve a copy on the offender in accordance with Criminal Procedure Rules”.
In section 27 of the Criminal Justice and Police Act 2001 (service of notices to do with closure of unlicensed premises)—
in subsection (1), for the words from “served” (in the second place it occurs) to the end of paragraph (d) substitute “served in accordance with Criminal Procedure Rules.”;
after that subsection insert— ;
omit subsections (2) to (8).
Criminal procedure: consequential and related amendments
The Magistrates’ Courts Act 1980 is amended as follows.
In section 16A(1) (availability of trial by single justice on the papers)—
in paragraph (c), omit the final “and”;
after paragraph (d) insert
In section 89 (transfer of fines within England and Wales), after subsection (4) insert—
In section 90 (transfer of fines to Scotland or Northern Ireland), after subsection (3A) insert—
In section 108 (right of appeal to the Crown Court), after subsection (2) insert—
In section 150(1) (interpretation), in the definition of “fine”, after “purposes of” insert “sections 16G to 16M and of”.
In section 8 of the Road Traffic Offenders Act 1988 (duty to include date of birth and sex in written plea of guilty), after paragraph (aa) (but before the final “or”) insert—.
Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as set out in sub-paragraphs (2) to (10).
In paragraph 1 (application of Schedule)—
the existing provision becomes sub-paragraph (1);
after that sub-paragraph insert—
In paragraph 2(1) (meaning of “the sum due”), for “1” substitute “1(1), or (in a case where this Schedule applies as mentioned in paragraph 1(2)) the sum payable under a notice of conviction and penalty”.
In paragraph 3(1) (meaning of “existing defaulter”)—
in paragraph (c), for “1, or” substitute “1(1),”;
in paragraph (d), for “1” substitute “1(1)”;
at the end insert
After paragraph 10 insert—
In paragraph 13 (contents of collection orders: general), in sub-paragraph (2), after “P” insert “and a collection order”.
In paragraph 21 (application of Part 6)—
the existing provision becomes sub-paragraph (1);
after that sub-paragraph insert—
In paragraph 25 (application of Part 7)—
the existing provision becomes sub-paragraph (1);
after that sub-paragraph insert—
In paragraph 29 (application of Part 8)—
the existing provision becomes sub-paragraph (1);
after that sub-paragraph insert—
In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), after sub-paragraph (1) insert—
In Schedule 6 to the Courts Act 2003 (discharge of fines by unpaid work), in paragraph 2 (cases where work order may be made), in sub-paragraph (1)(a)(vi), after “Schedule 5” insert “(including a notice of conviction and penalty (within the meaning of section 16L of the Magistrates’ Courts Act 1980) in a case where, by virtue of paragraph 21(3) of Schedule 5, that notice is treated as a collection order)”.
The Criminal Justice Act 2003 is amended as follows.
In section 29 (institution of proceedings by written charge)—
for the heading substitute “Instituting proceedings by written charge”;
after subsection (2) insert—;
after subsection (2B) insert—
In section 30 (further provision about institution of proceedings by written charge), in the heading, for “new method” substitute “written charges”.
In section 330 (orders and rules), in subsection (1)(c), after “sections” insert “29(2E),”.
The Magistrates’ Courts Act 1980 is amended as follows.
In section 17A (initial indication of plea at hearing)—
in the heading, for “procedure” substitute “hearing”;
after subsection (1) insert—;
in subsection (7), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”.
In section 17B (power to proceed with hearing for initial indication of plea in absence of disruptive accused)—
in subsection (2)(d), for “section 18(1) below shall apply” substitute “, the court is to proceed in accordance with section 17BA”;
in subsection (3), for “and section 18(1) below” substitute “, section 18(1) and section 20”.
In section 17C (power to adjourn hearing for initial indication of plea), for “or 17B” substitute “, 17B or 17BA”.
In section 17D (maximum penalty following indication of guilty plea for certain low-value offences)—
in the heading, after “section” insert “17ZB(9),”;
in subsection (1)(b), after “section” insert “17ZB(9),”.
In section 17E (functions under sections 17A to 17D capable of exercise by single justice)—
in the heading, for “17A” substitute “17ZA”;
in subsection (1), for “17A” substitute “17ZA”.
In section 18 (procedure for determining mode of trial)—
for subsection (1) substitute—;
after subsection (4) insert—;
after subsection (5) insert—
In section 20 (procedure at allocation hearing where summary trial deemed suitable)—
in subsections (5), (6) and (8)(b), after “section” insert “17ZA,”;
in subsection (7), after “If” insert “the court is proceeding by way of a hearing and”;
after subsection (7) insert—
In section 22 (certain low-value either-way offences to be tried summarily)—
after subsection (2) insert—;
omit subsections (3) to (6).
In section 23 (power to proceed with allocation hearing in absence of represented accused), omit subsection (3).
In section 24A (child or young person to indicate intention as to plea in certain cases)—
for the heading substitute “Child or young person to indicate plea at hearing where allocation decision otherwise required”;
after subsection (1) insert—
In section 27A (power to transfer criminal proceedings), for subsections (1) and (2) substitute—
In section 47 of the Police and Criminal Evidence Act 1984 (bail after arrest), for subsection (3A) substitute—
The Crime and Disorder Act 1998 is amended as follows.
In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court)—
in subsection (4), for “subsections (2) or (6)(a)” substitute “subsection (2)”;
after subsection (5) insert—
In section 51B(4) (court to which notices under that section to be given), at the end insert “, or which is conducting any written proceedings in relation to the offence”.
The Magistrates’ Courts Act 1980 is amended as follows.
In section 18(2) (requirement for allocation proceedings to take place in presence of accused), omit “subsection (3) below and”.
In section 24(1) (child or young person generally to be tried summarily), for “and 24B” substitute “to 24BA”.
In section 24A(2) (procedure where child or young person to indicate intention as to plea), after “applies” insert “(and subject to section 24BA)”.
In section 24C(1) (power to adjourn plea and allocation hearing), for “or 24B” substitute “, 24B or 24BA”.
The Magistrates’ Courts Act 1980 is amended as follows.
In section 24A (child or young person to indicate intention as to plea in certain cases), in subsection (1), for paragraph (b) substitute—
The Crime and Disorder Act 1998 is amended as follows.
In section 50A (order of consideration where person accused of either-way offence appears before magistrates’ court), in subsection (3)(a)—
for sub-paragraph (i) substitute—.
In section 51E (interpretation of sections 50A to 51D), omit paragraphs (c) and (d).
Schedule 3 to the Crime and Disorder Act 1998 (procedure where accused sent to the Crown Court for trial) is amended as follows.
Omit paragraphs 7 to 13.
In paragraph 15—
in sub-paragraph (1), for “paragraphs 9 to” substitute “paragraph”;
omit sub-paragraphs (3) and (4).
In section 122(1) of the Coroners and Justice Act 2009 (“allocation guidelines”)—
the words from “decisions” to the end become paragraph (a);
in that paragraph, omit the words from “, or the” to “(c. 37),”;
after that paragraph insert—
In section 26 of the Sentencing Code (provision about remission by Crown Court)—
in the heading, after “youth court” insert “or other magistrates’ court”;
in subsection (1), at the end insert “or a magistrates’ court under section 25A”;
in subsection (2), after “youth court” insert “or magistrates’ court”;
in subsection (3)(b), after “youth court” insert “or magistrates’ court”.
The Crime and Disorder Act 1998 is amended as follows.
In section 51D (notice to be given on sending to the Crown Court for trial), in subsections (1)(a) and (3), after “section” insert “47(1A),”.
In section 52 (supplementary provision about sending to the Crown Court for trial), in each of the following places, before “51” insert “47(1A),”—
the heading;
subsections (1), (3) and (6).
In Schedule 3 (procedure where accused sent to the Crown Court for trial)—
in the heading, for “51” substitute “47(1A), 51 or 51A”;
in each the following places, before “51” insert “47(1A),”—
paragraph 1;
paragraph 2(1);
paragraph 4(1)(a);
paragraph 5(2);
paragraph 6(1).
In section 133 of the Magistrates’ Courts Act 1980 (consecutive terms of imprisonment)—
in subsection (1), for “6 months” substitute “the longest term that could be imposed in respect of any one of the offences for which a term of imprisonment is being imposed”;
in subsection (2), for “6 months” substitute “the longest term otherwise permitted by subsection (1) (if less than 12 months)”.
In section 141(5A) of the Environmental Protection Act 1990 (maximum terms for offences under regulations about waste imports and exports), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.
In section 113(10A) of the Scotland Act 1998 (maximum terms for offences under subordinate legislation under that Act), in paragraph (b), for “twelve months” substitute “the general limit in a magistrates’ court”.
The Criminal Justice Act 2003 is amended as follows.
In section 155(2) (amendment of section 133(1) of the Magistrates’ Courts Act 1980), for ““6 months”” substitute “the words from “the longest” to “being imposed””.
In section 283 (power to amend powers to make offences punishable with imprisonment)—
in subsection (1)—
omit “or (3)”;
omit paragraph (b);
omit subsection (3).
In section 42 of the Gambling Act 2005 (offence of cheating at gambling)—
in subsection (4)(b), for “51 weeks” substitute “the general limit in a magistrates’ court”;
in subsection (5), for “51 weeks” substitute “the general limit in a magistrates’ court”.
In Part 5 of Schedule 22 to the Sentencing Act 2020 (prospective amendments of the Sentencing Code in relation to custodial sentences)—
omit paragraph 24;
before paragraph 25 insert—
Practice directions for online proceedings
Civil proceedings and family proceedings in England and Wales
Practice directions may be given in relation to—
civil proceedings in England and Wales that are governed by Online Procedure Rules;
family proceedings in England and Wales that are governed by Online Procedure Rules.
Practice directions under paragraph 1(a) may provide for any matter which may be provided for in Online Procedure Rules for civil proceedings in England and Wales.
Practice directions under paragraph 1(b) may provide for any matter which may be provided for in Online Procedure Rules for family proceedings in England and Wales.
Practice directions under paragraph 1 may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005.
Practice directions under paragraph 1 may be given otherwise than in accordance with that Part of that Schedule; but, in this case, the directions may not be given without the approval of—
the Lord Chancellor, and
the Lord Chief Justice.
Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—
the application or interpretation of the law;
the making of judicial decisions.
Sub-paragraph (2)(a) does not require the approval of the Lord Chancellor for practice 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 after consultation with the Lord Chancellor (as well as with the approval of the Lord Chief Justice required by sub-paragraph (2)(b)).
The power under paragraph 1 to give practice directions includes power—
to vary or revoke directions given under paragraph 1 by any person;
to give directions containing different provision for different cases (including different areas);
to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
Proceedings in the First-tier Tribunal and Upper Tribunal
Practice directions may be given in relation to—
proceedings in the First-tier Tribunal that are governed by Online Procedure Rules;
proceedings in the Upper Tribunal that are governed by Online Procedure Rules.
Practice directions under paragraph 5(a) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the First-tier Tribunal.
Practice directions under paragraph 5(b) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the Upper Tribunal.
The Senior President of Tribunals may give practice directions under paragraph 5 in relation to any proceedings.
The Senior President may not give practice directions without the approval of the Lord Chancellor.
A Chamber President may give practice directions under paragraph 5 in relation to proceedings in the Chamber of the First-tier Tribunal or Upper Tribunal over which the President presides.
A Chamber President may not give practice directions without the approval of—
the Lord Chancellor, and
the Senior President of Tribunals.
Neither sub-paragraph (2) nor sub-paragraph (4)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—
the application or interpretation of the law;
the making of decisions by members of the First-tier Tribunal or Upper Tribunal.
Neither sub-paragraph (2) nor sub-paragraph (4)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which members of the First-tier Tribunal or Upper Tribunal may be chosen to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Senior President of Tribunals if required by sub-paragraph (4)(b)).
The power under paragraph 5 to give practice directions includes power—
to vary or revoke directions made in exercise of the power;
to make different provision for different purposes (including different provision for different areas).
Proceedings in employment tribunals and the Employment Appeal Tribunal
Practice directions may be given in relation to—
proceedings in employment tribunals that are governed by Online Procedure Rules;
proceedings in the Employment Appeal Tribunal that are governed by Online Procedure Rules.
Practice directions under paragraph 9(a) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in employment tribunals.
Practice directions under paragraph 9(b) may provide for any matter which may be provided for in Online Procedure Rules for proceedings in the Employment Appeal Tribunal.
The Senior President of Tribunals may give practice directions under paragraph 9 in relation to any proceedings.
The Senior President may not give practice directions without the approval of the Lord Chancellor.
The President of the Employment Appeal Tribunal may give practice directions under paragraph 9 in relation to proceedings in that Tribunal.
A territorial president may give practice directions under paragraph 9 in relation to proceedings in the employment tribunals for which the president is responsible.
The President of the Employment Appeal Tribunal or a territorial president may not give practice directions without the approval of—
the Lord Chancellor, and
the Senior President of Tribunals.
Neither sub-paragraph (2) nor sub-paragraph (5)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of guidance about—
the application or interpretation of the law;
the making of decisions by members of the employment tribunals or of the Employment Appeal Tribunal.
Neither sub-paragraph (2) nor sub-paragraph (5)(a) requires the approval of the Lord Chancellor for practice directions to the extent that they consist of criteria for determining which members of the employment tribunals or the Employment Appeal Tribunal may be chosen to hear particular categories of case; but the directions may, to that extent, be given only after consultation with the Lord Chancellor (as well as with the approval of the Senior President of Tribunals if required by sub-paragraph (5)(b)).
In this paragraph “territorial president” means a person appointed in accordance with regulations under section 1(1) of the Employment Tribunals Act 1996 as—
President of Employment Tribunals (England and Wales), or
President of Employment Tribunals (Scotland).
The power under paragraph 9 to give practice directions includes power—
to vary or revoke directions made in exercise of the power;
to make different provision for different purposes (including different provision for different areas).
A person exercising the power under paragraph 9 must, when making provision in relation to mediation, have regard to the following principles—
mediation of matters in dispute between parties to proceedings is to take place only by agreement between those parties;
where parties to proceedings fail to mediate, or where mediation between parties to proceedings fails to resolve disputed matters, the failure is not to affect the outcome of the proceedings.
Practice directions under paragraph 9 may provide for members to act as mediators in relation to disputed matters in a case that is the subject of proceedings.
The provision that may be made by virtue of sub-paragraph (2) includes provision for a member to act as a mediator in relation to disputed matters in a case even though the member has been chosen to decide matters in the case.
Before making a practice direction under paragraph 9 that makes provision in relation to mediation, the person making the direction must consult ACAS.
Once a member has begun to act, in accordance with a practice direction under paragraph 9, as mediator in relation to a disputed matter in a case that is the subject of proceedings, the member may decide matters in the case only with the consent of the parties.
Staff appointed under section 40(1) of the Tribunals, Courts and Enforcement Act 2007 (staff for employment and other tribunals) may, subject to their terms of appointment, act in accordance with practice directions under paragraph 9 as mediators in relation to disputed matters in a case that is the subject of proceedings.
In this paragraph— “ACAS” means the Advisory, Conciliation and Arbitration Service; “member” means a member of a panel of members of employment tribunals (whether or not a panel of Employment Judges); “proceedings” means proceedings before an employment tribunal.
Online procedure: amendments
The Employment Tribunals Act 1996 is amended as follows.
In section 7A (practice directions), after subsection (2E) insert—
In section 29A (practice directions), after subsection (10) insert—
In Schedule A1 (inserted by Schedule 5 to this Act), after paragraph 21 insert—
The Civil Procedure Act 1997 is amended as follows.
In section 1 (Civil Procedure Rules), after subsection (3) insert—
In section 5 (practice directions), after subsection (6) insert—
The Courts Act 2003 is amended as follows.
In section 75 (Family Procedure Rules), after subsection (5) insert—
In section 81 (practice directions relating to family proceedings), at the end insert—
The Tribunals, Courts and Enforcement Act 2007 is amended as follows.
In section 22 (Tribunal Procedure Rules), after subsection (5) insert—
In section 23 (practice directions), after subsection (7) insert—
Employment Tribunal Procedure Rules: further provision
Making and content of Employment Tribunal Procedure Rules
In the Employment Tribunals Act 1996, before Schedule 1 insert—
Other amendments of the Employment Tribunals Act 1996
The Employment Tribunals Act 1996 is amended as follows.
Section 7A (practice directions) is amended as follows.
In subsection (A1), after “about the” insert “practice and”.
For subsection (1) substitute—
Omit subsection (2).
In subsection (2A), for “power under subsection (A1) includes” substitute “powers under subsections (A1) and (1) include”.
In subsection (2C), for “(1)(a)” substitute “(1)”.
Section 7B (mediation) is amended as follows.
Before subsection (1) insert—
In subsection (1), for the words from “Employment” to “directions to” substitute “Practice directions under section 7A may”.
In subsection (2)—
for “included in employment tribunal procedure regulations” substitute “made”;
omit “enabling practice directions to provide for”.
Section 9 (pre-hearing reviews) is amended as follows.
For the heading substitute “Preliminary hearings”.
For subsection (1) substitute—
In subsection (2)—
in the words before paragraph (a), for “regulations” substitute “Rules”;
in paragraph (a)—
for “pre-hearing review” substitute “preliminary hearing”;
omit “under the regulations”;
for “regulations” (in the remaining place it occurs) substitute “Rules”;
omit “of an amount not exceeding £1,000”.
After subsection (2) insert—
For subsection (2A) substitute—
In subsection (3)—
for “Secretary of State” substitute “Lord Chancellor”;
for “(2)(a)” substitute “(2ZA)”.
Omit subsection (4).
At the end insert—
Section 10 (national security) is amended as follows.
In subsections (2), (5) and (6), omit “Employment tribunal procedure”.
In subsections (6) and (7), omit “employment tribunal procedure”.
After subsection (9) insert—
Omit section 10A (confidential information).
In section 11 (restriction of publicity in cases involving sexual misconduct)—
in subsection (1), for “Employment tribunal procedure regulations” substitute “Procedure Rules”;
in subsection (6), in paragraph (a) of the definition of “restricted reporting order”, for “regulations made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (1)(b)”.
In section 12 (restriction of publicity in disability cases)—
in subsection (2), for “Employment tribunal procedure regulations” substitute “Procedure Rules”;
in subsection (7)—
in the definition of “promulgation”, for “regulations made by virtue” substitute “Procedure Rules made for the purposes”;
in paragraph (a) of the definition of “restricted reporting order”, for “regulations made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (2)(a)”.
In section 12A(9) (subsequent award of compensation not to necessitate review of financial penalties), in the words before paragraph (a), after “be” insert “reconsidered or”.
Section 13 (costs and expenses) is amended as follows.
For subsection (1) substitute—
In subsection (1A)—
for “Regulations under subsection (1) may” substitute “Procedure Rules may, in particular,”;
omit “under such regulations”.
In subsection (1B), for “Employment tribunal procedure regulations may” substitute “Procedure Rules may, in particular,”.
In subsection (1C), for “Employment tribunal procedure regulations may also” substitute “Procedure Rules may, in particular,”.
In subsection (2), for “employment tribunal procedure regulations shall” substitute “Procedure Rules must”.
In subsection (3)—
for the words from “Provision” to “must” substitute “If Procedure Rules make provision of the kind mentioned in subsection (1)(a), Procedure Rules must also”;
for “regulations” (in the remaining place it occurs) substitute “Rules”.
In subsection (4)(a), for “the regulations” substitute “Procedure Rules”.
Section 13A (payments in respect of preparation time) is amended as follows.
In subsection (1), for “Employment tribunal procedure regulations” substitute “Procedure Rules”.
In subsection (2)—
for “Regulations under subsection (1) may” substitute “Procedure Rules may, in particular,”;
for “under such regulations” substitute “as described in subsection (1)”.
In subsection (2A)—
for the words from “Provision” to “must” substitute “If Procedure Rules include provision of the kind mentioned in subsection (1), Procedure Rules must also”;
for “regulations” (in the remaining place it occurs) substitute “Rules”.
In subsection (2B)(a), for “the regulations” substitute “Procedure Rules”.
In subsection (3)—
in the words before paragraph (a), for “employment tribunal procedure regulations” substitute “Procedure Rules”;
in paragraph (b), for “of the kind mentioned in section 13(1)(a)” substitute “for the award of costs or expenses”.
In subsection (4)—
in the words before paragraph (a), for “the regulations” substitute “Procedure Rules”;
in paragraph (b), for “of the kind mentioned in section 13(1)(a)” substitute “of costs or expenses”.
In section 14 (interest), in subsections (1) and (3)(f), for “Secretary of State” substitute “Lord Chancellor”.
In section 15 (enforcement)—
in subsection (1), for “employment tribunal procedure regulations” substitute “Procedure Rules”;
in subsection (3), in paragraphs (a) and (b), after “being” insert “reconsidered or”.
Section 18A (requirement to contact ACAS before instituting proceedings) is amended as follows.
In subsection (10), for “employment tribunal procedure regulations” substitute “regulations made by the Secretary of State”.
In subsection (11), omit “employment tribunal procedure”.
In subsection (12)—
in the words before paragraph (a), for “Employment tribunal procedure regulations” substitute “The regulations”;
in paragraph (a), for “such regulations” substitute “the regulations”.
In section 19(1) (conciliation procedure), for “Employment tribunal procedure regulations shall” substitute “Procedure Rules must”.
In section 19A(9) (power to provide time limits for certain applications about settlement sums), for “Employment tribunal procedure regulations” substitute “Procedure Rules”.
In section 29A (practice directions)—
in subsection (1), after “about the” insert “practice and”;
in subsection (5), after “about the” insert “practice or”.
After section 30 insert—
In section 31 (restriction of publicity in cases involving sexual misconduct)—
in subsection (1), for “Appeal Tribunal procedure rules” substitute “Procedure Rules”;
in subsection (7)(a)(i), for “rules made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (1)(b)”.
In section 32 (restriction of publicity in disability cases)—
in subsection (2), for “Appeal Tribunal procedure rules” substitute “Procedure Rules”;
in subsection (7)(b)(i), for “rules made by virtue of this section” substitute “Procedure Rules of the kind mentioned in subsection (2)(a)”;
in subsection (8), in the definition of “promulgation”, for “rules made by virtue” substitute “Procedure Rules made for the purposes”.
Section 34 (costs and expenses) is amended as follows.
For subsection (1) substitute—
In subsection (2), for “Rules under subsection (1) may” substitute “Procedure Rules may, in particular,”.
In subsection (3), for “Appeal Tribunal procedure rules may” substitute “Procedure Rules may, in particular,”.
In subsection (4), for “Appeal Tribunal procedure rules may also” substitute “Procedure Rules may, in particular,”.
In the heading of Part 3, at the beginning insert “General and”.
After section 37QA (inserted by section 34(4) of this Act) insert—
Section 41 (orders, regulations and rules) is amended as follows.
After subsection (1) insert—
In subsection (2)—
for the words from the beginning to “no order shall be made under” substitute;
for “and no regulations are to be made under” substitute—;
for the words from “unless a draft” to the end substitute
After subsection (4) insert—
In section 42(1) (definition of terms)—
omit the definitions of “Appeal Tribunal procedure rules” and “employment tribunal procedure regulations”;
at the appropriate place insert—;
omit the “and” immediately before the definition of “trade union”;
after that definition insert—
Related amendments of other legislation
In section 163 of the Employment Rights Act 1996 (references to employment tribunals about redundancy payments), after subsection (5) insert—
In section 8(2) of the Tribunals, Courts and Enforcement Act 2007 (functions of the Senior President of Tribunals not capable of delegation under that section), at the end insert—
Schedule 5 to the Tribunals, Courts and Enforcement Act 2007 (which, among other things, deals with membership of the Tribunals Procedure Committee) is amended as follows.
In paragraph 21 (Lord Chancellor’s appointees)—
in sub-paragraph (1)(a), for “three” substitute “four”;
after sub-paragraph (1) insert—
In paragraph 22(1) (Lord Chief Justice’s appointees)—
omit “and” at the end of paragraph (b);
at the end of paragraph (c) insert