The Youth Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011

Statutory Instruments

2011 No. 1494 (L. 12)

Magistrates’ Courts, England And Wales

The Youth Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011

Made

14th June 2011

Laid before Parliament

16th June 2011

Coming into force

1st January 2012

The Lord Chief Justice makes the following Rules, in exercise of the powers conferred on him by:

section 19 of the Courts Act 2003(1), and after consultation with the Lord Chancellor, the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates’ Courts Rule Committee in accordance with section 20(2) of that Act:

section 45(4) of the Children and Young Persons Act 1933(2), with the concurrence of the Lord Chancellor and after consultation with the Criminal Procedure Rule Committee in accordance with section 45(6) of that Act.

Citation and commencement

1.  These rules may be cited as the Youth Courts (Constitution of Committees and Right to Preside) (Amendment) Rules 2011 and shall come into force on 1st January 2012.

Amendments to the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007

2.  The Youth Courts (Constitution of Committees and Right to Preside) Rules 2007(3) are amended in accordance with rules 3 to 6.

3.  In rule 2 omit the definition of ILYTDC.

4.  In rule 5—

(a) omit paragraph (2);

(b) in paragraph (3)—

(i) for “the Area Director” substitute “the relevant Delivery Director”, and

(ii) in sub-paragraph (b) omit “or (2)”.

5.  For rule 9 substitute—

“(9) A youth panel shall—

(a) make recommendations to the BTDC for its local justice area in relation to the number of new justices required to sit and preside in youth courts; and

(b) liaise with other bodies in order to share information and represent the views of youth justices.”.

6.  In rule 11(3)—

(a) omit “ILYTDC or”; and

(b) the words “as appropriate”.

Judge, C.J.

Lord Chief Justice

9th June 2011

I concur, by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

14th June 2011

Ministry of Justice

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007 (S.I. 2007/1611) by dissolving the combined youth panel for the Inner London area and making consequential amendments.

These Rules replace reference to ‘Area Director’ with ‘Delivery Director’ reflecting the change in title of those staff of Her Majesty’s Courts and Tribunals Service whom the Lord Chief Justice must consult before forming or dissolving combined youth panels for local justice areas.

The effect of these Rules (along with changes made to the Justices of the Peace (Training and Development Committee) Rules 2007 (S.I. 2007/1609)) is that functions in relation to youth courts in the Inner London area that were previously carried out by the Inner London Youth Training and Development Committee will now be carried out by Bench Training and Development Committees, as is the case elsewhere in England and Wales.

(1)

2003 c.39; as amended by section 15(1) and Schedule 4, Part 1, paragraphs 308 and 320 of the Constitutional Reform Act 2005 (c.4).

(2)

1933 c.12; as amended by section 15(1) and Schedule 4, Part 1, paragraph 20 of the Constitutional Reform Act 2005 (c.4).

(3)

S.I. 2007/1611 as amended by S.I. 2007/2622.