The Remote Observation and Recording (Courts and Tribunals) Regulations 2022
| Jurisdiction | UK Non-devolved |
2022 No. 705
Civil Proceedings
Coroners
Criminal Procedure
Family Proceedings
Tribunals And Inquiries
The Remote Observation and Recording (Courts and Tribunals) Regulations 2022
Made 27th June 2022
Laid before Parliament 27th June 2022
Coming into force 28th June 2022
The Lord Chancellor, with the concurrence of the Lord Chief Justice and the Senior President of Tribunals as required by section 85A(10) of the Courts Act 20031(the Lord Chancellor having determined under section 85A(9) of that Act that the function of giving or withholding concurrence would most appropriately be performed by both of them), makes the following Regulations under section 85A(8) and (11) of that Act.
Citation, commencement, interpretation and extent
1.—(1) These Regulations may be cited as the Remote Observation and Recording (Courts and Tribunals) Regulations 2022 and come into force on 28th June 2022.
(2) In these Regulations, “section 85A” means section 85A of the Courts Act 2003.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
Specified proceedings
2. Directions under section 85A(2) may be given in relation to proceedings, of any type and in any court to which section 85A applies, which are—
(a) in public; or
(b) proceedings at which the general public is not entitled to be present but specific categories of person, or specific individuals, who are not taking part in the proceedings are entitled to be present by virtue of provision made by or under any enactment or of being authorised by the court.
Matters of which the court must be satisfied
3. Before making a direction under section 85A(2), the court must be satisfied that—
(a) it would be in the interests of justice to make the direction; and
(b) there is capacity and technological capability to enable transmission, and giving effect to the direction would not create an unreasonable administrative burden.
Matters that the court must take into account
4. Before deciding whether, and on what terms, to make a direction under section 85A(2), the court must take into account—
(a) the need for the administration of justice to be, as far as possible, open and transparent;
(b) the timing of any request or application to the court or tribunal to make a direction, and its impact on...
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