Justices of the Peace Act 1997

Part VII E+W Inspection of magistrates’ courts service

62 Inspectors of the magistrates’ courts service. E+W

(1) The Lord Chancellor may appoint such number of inspectors of the magistrates’ courts service (to be known collectively as “Her Majesty’s Magistrates’ Courts Service Inspectorate”) as he may consider appropriate.

(2) The Lord Chancellor shall appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of the Magistrates’ Courts Service.

(3) It shall be the duty of inspectors of the magistrates’ courts service—

(a) to inspect and report to the Lord Chancellor on the organisation and administration of magistrates’ courts for each magistrates’ courts committee area; and

(b) to discharge such other functions in connection with the organisation and administration of magistrates’ courts as the Lord Chancellor may from time to time direct.

[F1 (3A) It shall also be the duty of inspectors of the magistrates’ courts service—

(a) to inspect and report to the Lord Chancellor on the performance by the Children and Family Court Advisory and Support Service (referred to in this and the next section as the Service), and the officers of the Service, of their functions; and

(b) to discharge, in connection with those functions or with related functions of any other person, such functions as the Lord Chancellor may from time to time direct.]

(4) Her Majesty’s Chief Inspector of the Magistrates’ Courts Service shall make an annual report to the Lord Chancellor as to the discharge of the functions of the Inspectorate; and the Lord Chancellor shall, within one month of receiving the report, lay a copy of it before each House of Parliament.

[F2 (4A) If pursuant to this section a recommendation is made for the taking of any action by a magistrates’ courts committee, the Lord Chancellor may give a direction requiring the committee to take the recommended action within a period specified in the direction.]

(5) The Lord Chancellor shall make to or in respect of inspectors of the magistrates’ courts service such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 S. 62(3A) inserted (1.4.2001) by 2000 c. 43, s. 17(1); S.I. 2001/919, art. 2(a)

F2 S. 62(4A) inserted (1.1.2000) by 1999 c. 22, s. 85 (with Sch. 14 para. 7(2)); S.I. 1999/3344, art. 2(c) (with art. 4, Sch. 2)

63 Powers of inspectors. E+W

(1) Subject to subsection (2) below, an inspector of the magistrates’ courts service exercising his functions under section 62 above shall have at all reasonable times—

(a) a right of entry to any court-house or other premises occupied by a magistrates’ courts committee; and

(b) a right to inspect, and take copies of, any records kept by a magistrates’ courts committee, and any other documents containing information relating to the administration of the magistrates’ courts for their area, which he considers relevant to the discharge of his functions.

(2) Subsection (1) above does not entitle an inspector—

(a) to be present when a magistrates’ court is hearing proceedings in private; or

(b) to attend any private deliberations of the justices of the peace.

[F3 (2A) An inspector of the magistrates’ courts service exercising his functions under section 62 above shall also have at all reasonable times—

(a) a right of entry to any premises occupied by the Service; and

(b) a right to inspect, and take copies of, any records kept by the Service, and any other documents containing information relating to the performance of the functions of the Service or its officers which he considers relevant to the discharge of his functions.]

(3) The records referred to in paragraph (b) of subsection (1) [F4 or (2A)] above include records kept by means of a computer; and an inspector exercising the power to inspect records conferred by [F5 subsection (1) or (2A) above]—

(a) shall be entitled at any reasonable time 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 so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3 S. 63(2A) inserted (1.4.2001) by 2000 c. 43, s. 17(2)(a); S.I. 2001/919, art. 2(a)

F4 Words in s. 63(3) inserted (1.4.2001) by 2000 c. 43, s. 17(2)(b); S.I. 2001/919, art. 2(a)

F5 Words in s. 63(3) substituted (1.4.2001) by 2000 c. 43, s. 17(2)(b); S.I. 2001/919, art. 2(a)