Search Legislation

Courts Act 2003

Status:

This is the original version (as it was originally enacted).

Part 5Inspectors of court administration

58Inspectors of court administration etc.

(1)The Lord Chancellor may appoint such number of inspectors of court administration as he considers appropriate.

(2)They are to be known collectively as “Her Majesty’s Inspectorate of Court Administration”.

(3)The Lord Chancellor must appoint one of the persons so appointed to be Her Majesty’s Chief Inspector of Court Administration.

(4)In this Part that person is referred to as “the Chief Inspector”.

(5)The Lord Chancellor may make to or in respect of inspectors of court administration such payments by way of remuneration, allowances or otherwise as he may determine.

(6)In this Act—

(a)CAFCASS” means the Children and Family Court Advisory and Support Service, and

(b)“CAFCASS functions” means the functions of CAFCASS and its officers.

59Functions of inspectors

(1)It is the duty of inspectors of court administration to—

(a)inspect and report to the Lord Chancellor on the system that supports the carrying on of the business of the courts listed in subsection (2) and the services provided for those courts;

(b)inspect and report to the Lord Chancellor on the performance of CAFCASS functions;

(c)discharge any other particular functions which may be specified in connection with—

(i)the courts listed in subsection (2), or

(ii)CAFCASS functions or related functions of any other person.

(2)The courts are—

(a)the Crown Court,

(b)county courts, and

(c)magistrates' courts.

(3)The Lord Chancellor may by order—

(a)add to the list in subsection (2) any court having jurisdiction in the United Kingdom, other than one having jurisdiction only in relation to Scotland or Northern Ireland, and

(b)remove any court from the list.

(4)“Specified” means specified in a direction given by the Lord Chancellor; but before giving any such direction the Lord Chancellor must consult the Chief Inspector.

(5)Nothing in this section is to be read as enabling inspectors to inspect persons—

(a)making judicial decisions, or

(b)exercising any judicial discretion.

60Functions of Chief Inspector

(1)The Chief Inspector must make an annual report to the Lord Chancellor as to the discharge of the functions of Her Majesty’s Inspectorate of Court Administration.

(2)The Lord Chancellor may give directions as to—

(a)the information to be included in the report,

(b)the form of the report, and

(c)the time by which the report is to be made.

(3)The Lord Chancellor must, within one month of receiving the annual report, lay a copy of it before both Houses of Parliament.

(4)The Chief Inspector must report to the Lord Chancellor on any matter which the Lord Chancellor refers to him and which is connected with—

(a)the courts listed in section 59(2), or

(b)CAFCASS functions or related functions of any other person.

(5)The Chief Inspector may designate an inspector of court administration to discharge his functions during any period when he is absent or unable to act.

61Rights of entry and inspection

(1)An inspector exercising functions under section 59 may enter—

(a)any place of work occupied by persons provided under a contract made by the Lord Chancellor by virtue of section 2(4);

(b)any premises occupied by CAFCASS.

(2)An inspector exercising functions under section 59 may inspect and take copies of —

(a)any records kept by persons provided under a contract made by the Lord Chancellor by virtue of section 2(4), or

(b)any records kept by CAFCASS or other documents containing information relating to the performance of CAFCASS functions,

which he considers relevant to the discharge of his functions.

(3)Subsection (1) does not entitle an inspector—

(a)to be present when a court listed in section 59(2) 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 subsection (2) include records kept by means of a computer.

(5)An inspector exercising the power under subsection (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 him such reasonable assistance as he may require.

(6)The powers conferred by subsections (1), (2) and (5) may be exercised at reasonable times only.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources