Courts and Tribunals (Judiciary and Functions of Staff) Act 2018

Overview of the Act

1. The Queen’s speech announced that legislation would be brought forward to modernise the courts system. This Act introduces the first set of court reform measures relating to the deployment of the judiciary and enabling staff to exercise certain judicial functions.
2. The Act:
   1. Makes provision for more flexibility in the use of judicial resource in five particular areas (see paragraph 7 of these Notes).
   2. Amends the title of the "Chief Bankruptcy Registrar" to "Chief Insolvency and Companies Court Judge" to bring it line with other judges in that court.
   3. Extends the Lord Chancellor’s power under the Courts Act 2003 (the "CA 2003") to amend certain titles or other comparable offices.
   4. Provides for the authorisation of court and tribunal staff across the criminal, civil and family courts and tribunals to exercise judicial functions and to give legal advice to judges of the family court and justices of the peace.
   5. Enables rules of court to determine which functions authorised staff may or may not exercise in their respective jurisdiction, subject to limitations on certain core judicial functions which authorised staff will not be able to carry out.
   6. Applies statutory independence, and the immunities that currently apply to justices’ clerks, to all authorised court or tribunal staff when exercising judicial functions.
   7. Removes the post of justices’ clerk from statute.