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by Munro Research

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


Official Summary

A Bill to make provision about the judiciary and the functions of the staff of courts and tribunals

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Overview

This bill makes changes to the judiciary and the functions of court and tribunal staff in the UK. It clarifies the deployment of judges, alters some judicial titles, and importantly, allows authorized court and tribunal staff to provide legal advice to judges and justices of the peace and, under certain circumstances, to exercise some judicial functions.

Description

Deployment of Judges

The bill modifies existing acts to allow for greater flexibility in deploying High Court deputy judges and other judges across different courts and tribunals. It also updates the list of judges who can also serve in various tribunals.

Alteration of Judicial Titles

The bill updates several judicial titles to reflect modern practice, for example, changing "Chief Bankruptcy Registrar" to "Chief Insolvency and Companies Court Judge".

Functions of Staff

A key provision allows authorized court and tribunal staff to provide legal advice to judges of the family court and justices of the peace. It also enables them to exercise certain judicial functions as defined by procedure rules, subject to safeguards and oversight.

Short Title, Commencement and Extent

The bill specifies that it will be known as the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 and outlines the commencement dates for different sections. The bill extends to England and Wales, Scotland, and Northern Ireland.

Government Spending

The bill doesn't directly specify any government spending figures. However, the changes regarding staff roles and responsibilities may lead to some shifts in staffing costs or training expenditures, depending on implementation. Precise figures are not included in the bill itself.

Groups Affected

  • Judges: Will experience changes to their deployment and may receive legal advice from authorized staff.
  • Justices of the Peace: Will have access to legal advice from authorized staff.
  • Court and Tribunal Staff: Certain staff will gain expanded roles, including providing legal advice and exercising some judicial functions.
  • Litigants: May experience changes in court procedures due to the expanded roles of court staff.
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