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

Contents

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(4)Amendments, repeals and revocations in this Order have the same extent as the provisions amended, repealed or revoked.

Article 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 2003, is abolished.

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

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

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

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

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

Article 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.

Article 4Abolition of the Public Guardian Board#

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

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

Schedule 1 · Amendments consequential etc on the abolition of Her Majesty’s Inspectorate of Court Administration

(1)The Prison Act 1952 is amended as follows.

(2)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; andb 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.”

(3)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—“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.”

(4)The Police Act 1996 is amended as follows.

(5)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—“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.”

(6)The Audit Commission Act 1998 is amended as follows.

(7)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.

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

(9)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—“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.”

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

(11)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—“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.”

(12)The Courts Act 2003 is amended as follows.

(13)Part 5 (inspectors of court administration) is repealed.

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

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

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

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

(18)The Children Act 2004 is amended as follows.

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

(20)The Education and Inspections Act 2006 is amended as follows.

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

(22)In Schedule 13 (interaction with other authorities)—

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

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

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

(24)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.

(25)The Police and Justice Act 2006 is amended as follows.

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

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

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

(29)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.

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

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

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

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

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

(33)The Coroners and Justice Act 2009 is amended as follows.

(34)Section 39 (inspection of coroner system) is repealed.

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

(36)The Public Bodies Act 2011 is amended as follows.

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

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

(39)Paragraph 9 of the Schedule is revoked.

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

(41)Regulation 15(g) is revoked.

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

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

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

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

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

Schedule 2 · Amendments consequential etc on the abolition of the Public Guardian Board

(1)The Mental Capacity Act 2005 is amended as follows.

(2)Section 59 (Public Guardian Board) is repealed.

(3)The Public Bodies Act 2011 is amended as follows.

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

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

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

(7)The Public Guardian Board Regulations 2007 are revoked.

Contains public sector information licensed under the Open Government Licence v3.0.