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

S.I. 2012/2401 · Made 17 September 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Public Bodies

Made 17th September 2012

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by sections 1, 6(1), (2)(a) and (5) and 35(2) of the Public Bodies Act 2011f1 (“the Act”), having consulted in accordance with section 10 of the Act.

In accordance with section 8 of the Act, the Secretary of State 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.

The consent of the National Assembly for Wales has been obtained in accordance with section 9(6) of the Act.

A draft of this Order, and an explanatory document containing the information required by section 11(2) of the 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 the 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.

Annotations to the whole text

Footnotes

f1

2011 c.24

Contents

  1. 1Citation, commencement and extent
  2. 2Abolition of Her Majesty’s Inspectorate of Court Administration
  3. 3Rights of entry and inspection
  4. 4Abolition of the Public Guardian Board
  5. Signature
  6. Schedule 1: Amendments consequential etc on the abolition of Her Majesty’s Inspectorate of Court Administration
  7. 1Prison Act 1952
  8. 2Prison Act 1952
  9. 3Prison Act 1952
  10. 4Police Act 1996
  11. 5Police Act 1996
  12. 6Audit Commission Act 1998
  13. 7Audit Commission Act 1998
  14. 8Crown Prosecution Service Inspectorate Act 2000
  15. 9Crown Prosecution Service Inspectorate Act 2000
  16. 10Criminal Justice and Court Services Act 2000
  17. 11Criminal Justice and Court Services Act 2000
  18. 12Courts Act 2003
  19. 13Courts Act 2003
  20. 14Courts Act 2003
  21. 15Courts Act 2003
  22. 16Public Audit (Wales) Act 2004
  23. 17Public Audit (Wales) Act 2004
  24. 18Children Act 2004
  25. 19Children Act 2004
  26. 20Education and Inspections Act 2006
  27. 21Education and Inspections Act 2006
  28. 22Education and Inspections Act 2006
  29. 23Education and Inspections Act 2006
  30. 24Education and Inspections Act 2006
  31. 25Police and Justice Act 2006
  32. 26Police and Justice Act 2006
  33. 27Local Government and Public Involvement in Health Act 2007
  34. 28Local Government and Public Involvement in Health Act 2007
  35. 29Local Government and Public Involvement in Health Act 2007
  36. 30Health and Social Care Act 2008
  37. 31Health and Social Care Act 2008
  38. 32Health and Social Care Act 2008
  39. 33Coroners and Justice Act 2009
  40. 34Coroners and Justice Act 2009
  41. 35Coroners and Justice Act 2009
  42. 36Public Bodies Act 2011
  43. 37Public Bodies Act 2011
  44. 38Children Act 2004 (Joint Area Reviews) Regulations 2005
  45. 39Children Act 2004 (Joint Area Reviews) Regulations 2005
  46. 40Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007
  47. 41Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007
  48. 42Her Majesty’s Inspectorate of Court Administration (Specified Organisations) Order 2007
  49. 43Offender Management Act 2007 (Consequential Amendments) Order 2008
  50. 44Offender Management Act 2007 (Consequential Amendments) Order 2008
  51. Schedule 2: Amendments consequential etc on the abolition of the Public Guardian Board
  52. 1Mental Capacity Act 2005
  53. 2Mental Capacity Act 2005
  54. 3Public Bodies Act 2011
  55. 4Public Bodies Act 2011
  56. 5Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006
  57. 6Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006
  58. 7Public Guardian Board Regulations 2007
  59. Explanatory note

1Citation, 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.

2Abolition of Her Majesty’s Inspectorate of Court Administration

(1)

Her Majesty’s Inspectorate of Court Administration, established under section 58 of the Courts Act 2003f1, 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.

3Rights 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.

4Abolition of the Public Guardian Board

(1)

The Public Guardian Board, established under section 59 of the Mental Capacity Act 2005f1, is abolished.

(2)

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

Signature

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

17th September 2012

1Prison Act 1952

The Prison Act 1952f1 is amended as follows.

2Prison 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.”

3Prison 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.”

4Police Act 1996

The Police Act 1996f1 is amended as follows.

5Police 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.”

6Audit Commission Act 1998

The Audit Commission Act 1998f1 is amended as follows.

7Audit 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.

8Crown Prosecution Service Inspectorate Act 2000

The Crown Prosecution Service Inspectorate Act 2000f1 is amended as follows.

9Crown 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.”

10Criminal Justice and Court Services Act 2000

The Criminal Justice and Court Services Act 2000f1 is amended as follows.

11Criminal 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.”

12Courts Act 2003

The Courts Act 2003f1 is amended as follows.

13Courts Act 2003

Part 5 (inspectors of court administration) is repealed.

14Courts Act 2003

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

15Courts Act 2003

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

16Public Audit (Wales) Act 2004

The Public Audit (Wales) Act 2004f1 is amended as follows.

17Public Audit (Wales) Act 2004

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

18Children Act 2004

The Children Act 2004f1 is amended as follows.

19Children Act 2004

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

20Education and Inspections Act 2006

The Education and Inspections Act 2006f1 is amended as follows.

21Education and Inspections Act 2006

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

22Education 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.

23Education and Inspections Act 2006

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

24Education 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.

25Police and Justice Act 2006

The Police and Justice Act 2006f1 is amended as follows.

26Police and Justice Act 2006

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

27Local Government and Public Involvement in Health Act 2007

The Local Government and Public Involvement in Health Act 2007f1 is amended as follows.

28Local Government and Public Involvement in Health Act 2007

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

29Local 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.

30Health and Social Care Act 2008

The Health and Social Care Act 2008f1 is amended as follows.

31Health 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.

32Health and Social Care Act 2008

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

33Coroners and Justice Act 2009

The Coroners and Justice Act 2009f1 is amended as follows.

34Coroners and Justice Act 2009

Section 39 (inspection of coroner system) is repealed.

35Coroners and Justice Act 2009

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

36Public Bodies Act 2011

The Public Bodies Act 2011 is amended as follows.

37Public Bodies Act 2011

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

38Children Act 2004 (Joint Area Reviews) Regulations 2005

The Children Act 2004 (Joint Area Reviews) Regulations 2005f1 are amended as follows.

39Children Act 2004 (Joint Area Reviews) Regulations 2005

Paragraph 9 of the Schedule is revoked.

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

The Education and Inspections Act 2006 (Consequential Amendments) Regulations 2007f1 are amended as follows.

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

Regulation 15(g) is revoked.

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

The Her Majesty’s Inspectorate of Court Administration (Specified Organisations) Order 2007f1 is revoked.

43Offender Management Act 2007 (Consequential Amendments) Order 2008

The Offender Management Act 2007 (Consequential Amendments) Order 2008f1 is amended as follows.

44Offender 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.

1Mental Capacity Act 2005

The Mental Capacity Act 2005 is amended as follows.

2Mental Capacity Act 2005

Section 59 (Public Guardian Board) is repealed.

3Public Bodies Act 2011

The Public Bodies Act 2011 is amended as follows.

4Public Bodies Act 2011

In Schedule 1 (power to abolish: bodies and offices), the entry “Public Guardian Board.” is repealed.

5Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

The Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006f1 is amended as follows.

6Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006

In Schedule 1 (transfer, modification and abolition of functions of the Lord Chancellor – primary legislation), paragraph 36 is revoked.

7Public Guardian Board Regulations 2007

The Public Guardian Board Regulations 2007f1 are revoked.

Explanatory note

(This note is not part of the Order)

This Order abolishes Her Majesty’s Inspectorate of Courts Administration (HMICA) and the Public Guardian Board (PGB). Both bodies are listed in Schedule 1 to the Public Bodies Act 2011.

HMICA was established by section 58 of the Courts Act 2003. The PGB) was established by section 59 of the Mental Capacity Act 2005.

All of HMICA’s functions are abolished by this Order except for those specifically preserved and transferred by article 2(2), (3) and (4). The functions of HMICA being abolished include the general power to inspect the Crown Court, county courts and magistrates’ courts, and also the function, which has never been brought into force, of inspecting the operation of the coroner system. Article 2(2) and (3) transfers the power to inspect court custody areas and custody transport respectively in the Crown Court, county courts and magistrates’ courts to Her Majesty’s Chief Inspector of Prisons.

Articles 2(4) and 2(5) allow the specified criminal justice inspectorates to inspect criminal courts if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

All of the PGB)’s functions are abolished by this Order.

The Schedules to this Order make legislative amendments which are consequential etc on the abolition of each body.

An impact assessment has not been prepared for this Order as a whole as its effects are unlikely to lead to additional costs or savings for businesses, charities or the voluntary sector, and costs/benefits to the public sector will not exceed £5 million per annum. However, an impact assessment was prepared in connection with the abolition of Her Majesty’s Inspectorate of Courts Administration as part of the Ministry of Justice’s consultation on the Public Bodies Act 2011; it is available at http://www.justice.gov.uk/consultations/reform-public-bodies.htm.