The Courts Act 2003 (Continuing Provision of Court-houses) Regulations 2005

Statutory Instruments

2005 No. 562

MAGISTRATES' COURTS, ENGLAND AND WALES

The Courts Act 2003 (Continuing Provision of Court-houses) Regulations 2005

Made

8th March 2005

Laid before Parliament

9th March 2005

Coming into force

1st April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by section 108(6) and paragraph 16 of Schedule 2 to the Courts Act 2003(1) makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Courts Act 2003 (Continuing Provision of Court-houses) Regulations 2005.

(2) These Regulations shall come into force on 1st April 2005.

(3) In these Regulations “the Act” means the Courts Act 2003.

Continuing provision of court-houses and other accommodation by local authorities

2.—(1) These Regulations apply to the court-houses and other accommodation mentioned in paragraph (2) that were provided immediately before 1st April 2005 pursuant to the Greater London Magistrates' Courts Authority (Provision of Court-houses etc) Regulations 2001(2) made under paragraph 35 of Schedule 14 to the Access to Justice Act 1999(3).

(2) The court-houses and other accommodation to which these Regulations apply are—

(a) the Justice Rooms, 1 Queen Victoria Street, London EC4N 4XY; and

(b) the Guildhall, Kingston Upon Thames, KT1 1EU.

(3) Those court-houses and other accommodation shall be provided to the Lord Chancellor by the relevant councils for the performance of the functions referred to in section 3 of the Act.

(4) Subject to paragraph (5), the provision made under paragraph (3) shall be made on the same terms and conditions, including conditions as to payment, as those on which it was made on 31st March 2005.

(5) The relevant councils shall not alter or extend the court-houses or other accommodation without the consent of the Lord Chancellor.

(6) For the purposes of these Regulations, the relevant councils are—

(a) in the case of the provision made at the address mentioned in paragraph (2)(a), the Common Council of the City of London; and

(b) in the case of the provision mentioned in paragraph (2)(b), the Royal Borough of Kingston Upon Thames.

3.  The Greater London Magistrates' Courts Authority (Provision of Court-houses etc) Regulations 2001 are revoked.

Signed by authority of the Lord Chancellor

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

8th March 2005

Explanatory Note

(This note is not part of the Order)

These Regulations require the Common Council of the City of London and the Royal Borough of Kingston Upon Thames to provide to the Lord Chancellor court-houses and other accommodation that were provided by them under the Greater London Magistrates' Courts Authority (Provision of Court-houses etc) Regulations 2001.

The court-houses and other accommodation mentioned in these Regulations are to be provided for the purposes of the Lord Chancellor’s functions under section 3 of the Courts Act 2003, and are to be provided on the same terms as those on which they were provided under the Greater London Magistrates' Courts Authority (Provision of Court-houses etc) Regulations 2001.

These Regulations also revoke the Greater London Magistrate’s Courts Authority (Provision of Court-houses etc) Regulations 2001.

(1)

2003 c. 39.

(2)

S.I. 2001/603.

(3)

1999 c. 22.