The Tribunal Security Order 2014

Statutory Instruments

2014 No. 786

Tribunals And Inquiries, England And Wales

The Tribunal Security Order 2014

Made

19th March 2014

Coming into force in accordance with article 1

The Lord Chancellor makes this order in exercise of the power conferred by sections 148(1) and (2) and 176(3) of the Coroners and Justice Act 2009(1).

A draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 176(5)(d) of the Coroners and Justice Act 2009.

Citation and commencement

1.  This Order may be cited as the Tribunal Security Order 2014 and comes into force on the day after the day on which it is made.

Tribunal Security Officers

2.  The Lord Chancellor is authorised to designate persons as tribunal security officers in relation to tribunal buildings in England and Wales in which the business of the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement Act 2007(2) is carried on.

Modification of provisions

3.  The provisions listed in article 4 apply to tribunals as they do to courts, but as if wherever in those provisions there is a reference to—

(a) “court” there were substituted “tribunal”;

(b) “court security officer” there were substituted “tribunal security officer”;

(c) “court manager” there were substituted “tribunal delivery manager”;

(d) “court building” there were substituted “tribunal building”;

(e) “court business” there were substituted “tribunal business”; and

(f) “courtroom” there were substituted “tribunal room”.

4.  The provisions are—

(a) Part 4 (other than sections 51(1) and 52(3)) of the Courts Act 2003(3);

(b) the Court Security (Designation) Regulations 2005(4) (other than regulation 1); and

(c) the Retention of Knives in Court Regulations 2010(5) (other than regulation 1).

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

19th March 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the Lord Chancellor to designate security officers in tribunal buildings and for tribunal security officers he designates to have the same powers as court security officers under Part 4 of the Courts Act 2003.

This Order applies with modifications the Court Security (Designation) Regulations 2005 so that tribunal security officers must complete the same training and satisfy the same conditions as court security officers before they may be designated as tribunal security officers.

The Order also applies with modifications Part 4 of the Courts Act 2003 and the Retention of Knives in Court Regulations 2010 so that the procedures in relation to the seizure, return and retention of knives that apply in court buildings also apply in tribunal buildings.

A full regulatory impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

(1)

2009 c. 25.

(2)

2007 c. 15; section 39(1) was amended by S.I. 2010/21.

(3)

2003 c. 39; sections 55(4) and 55A were inserted by, and section 56(2)(a) amended by, sections 146(1) to (4) of the Coroners and Justice Act 2009 (c. 25).

(4)

S.I. 2005/588.

(5)

S.I. 2010/790.