The Public Bodies (Abolition of Courts Boards) Order 2012

2012 No. 1206

Public Bodies, England And Wales

The Public Bodies (Abolition of Courts Boards) Order 2012

Made 1st May 2012

Coming into force in accordance with article 1

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 1, 6(1) and (5) and 35(2) of the Public Bodies Act 20111, having consulted in accordance with section 10 of that Act.

In accordance with section 8 of that Act, the Lord Chancellor considers that this Order—

(a) serves the purpose of improving the exercise of public functions, having had regard to the factors set out in section 8(1); and

(b) does not remove any necessary protection or prevent any person from continuing to exercise any right or freedom which that person might reasonably expect to continue to exercise.

A draft of this Order, and an explanatory document containing the information required by section 11(2) of that Act, have been laid before Parliament in accordance with section 11(1) after the end of the period of twelve weeks mentioned in section 11(3). In accordance with section 11(4) of that Act, the draft of this Order has been approved by a resolution of each House of Parliament after the expiry of the 40-day period referred to in that provision.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) This Order may be cited as the Public Bodies (Abolition of Courts Boards) Order 2012.

(2) Subject to paragraph (3), this Order comes into force on the later of 1st April 2012 or the day after the day on which it is made.

(3) Article 3 comes into force on the day after that on which the other provisions of this Order come into force.

(4) This Order extends to England and Wales.

S-2 Abolition of courts boards

Abolition of courts boards

2.—(1) Courts boards, established under section 4 of the Courts Act 20032, are abolished.

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

S-3 Repeal of entry in the Public Bodies Act 2011

Repeal of entry in the Public Bodies Act 2011

3. In Schedule 1 to the Public Bodies Act 2011 (power to abolish: bodies and offices), the entry “Courts boards.” is repealed.

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

1st May 2012

SCHEDULE

Article 2(2)

Amendments consequential on the abolition of courts boards

Freedom of Information Act 2000

Freedom of Information Act 2000

SCH-1.1

1. The Freedom of Information Act 2000 is amended as follows.

SCH-1.2

2. In Part 6 of Schedule 1 (other public bodies and offices – general), the entry “A courts board established under section 4 of the Courts Act 2003.” is repealed.

Courts Act 2003

Courts Act 2003

SCH-1.3

3. The Courts Act 2003 is amended as follows.

SCH-1.4

4. Section 4 (establishment of courts boards) is repealed.

SCH-1.5

5. Section 5 (functions of courts boards) is repealed.

SCH-1.6

6. In section 8 (local justice areas), subsection (6)(b) is repealed.

SCH-1.7

7. Schedule 1 (constitution and procedure of courts boards) is repealed.

Constitutional Reform Act 2005

Constitutional Reform Act 2005

SCH-1.8

8. The Constitutional Reform Act 2005 is amended as follows.

SCH-1.9

9. In Part 1 of Schedule 4 (other functions of the Lord Chancellor and organisation of the courts), paragraphs 310, 311 and 350 are repealed.

SCH-1.10

10. Courts Boards Areas Order 20046

The Courts Boards Areas Order 2004 is revoked.

SCH-1.11

11. Courts Boards (Appointments and Procedure) Regulations 20047

The Courts Boards (Appointments and Procedure) Regulations 2004 are revoked.

Freedom of Information (Additional Public Authorities) Order 2005

Freedom of Information (Additional Public Authorities) Order 2005

SCH-1.12

12. The Freedom of Information (Additional Public Authorities) Order 2005 is amended as follows.

SCH-1.13

13. In Schedule 1 (entries inserted in Part 6 of Schedule 1 to the Act with effect from 7 February 2006), the entry “A courts board established under section 4 of the Courts Act 2003.” is revoked.

Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

SCH-1.14

14. The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 is amended as follows.

SCH-1.15

15. In Schedule 2 (transfer and modification of functions of the Lord Chancellor – secondary legislation), paragraphs 4 to 7 are revoked.

SCH-1.16

16. Courts Boards Areas (Amendment) Order 200710

The Courts Boards Areas (Amendment) Order 2007 is revoked.

Justices of the Peace (Training and Development Committee) Rules 2007

Justices of the Peace (Training and Development Committee) Rules 2007

SCH-1.17

17. The Justices of the Peace (Training and Development Committee) Rules 2007 are amended as follows.

SCH-1.18

18. In rule 2 (interpretation) omit the entry for “courts board area”.

SCH-1.19

19. In rule 42(1) (formation of a Magistrates’ Area Training Committee), for “courts board area in existence on 1st January 2006” substitute “area listed in Schedule 3 to these Rules”

SCH-1.20

20. After Schedule 2, insert—

SCHEDULE 3

Rule 42

MAGISTRATES’ AREA TRAINING COMMITTEES

MATC Area

Geographical coverage

Avon and Somerset

The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North Somerset and South Gloucestershire

Bedfordshire

The county of Bedfordshire and the non-metropolitan district of Luton

Cambridgeshire

The county of Cambridgeshire and the non-metropolitan district of Peterborough

Cheshire

The county of Cheshire and the non-metropolitan districts of Halton and Warrington

Cleveland

The non-metropolitan districts of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees

Cumbria

The county of Cumbria

Derbyshire

The county of Derbyshire and the non-metropolitan district of Derby

Devon and Cornwall

The counties of Devon and Cornwall, the non-metropolitan districts of Plymouth and Torbay and the Isles of Scilly

Dorset

The county of Dorset and the non-metropolitan districts of Bournemouth and Poole

Durham

The county of Durham and the non-metropolitan district of Darlington

Dyfed Powys

The counties of Ceredigion, Carmarthenshire, Pembrokeshire and Powys

Essex

The county of Essex and the non-metropolitan districts of Southend-on-Sea and Thurrock

Gloucestershire

The county of...

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