Overview

The Courts and Tribunals (Judiciary and Functions of Staff) Bill aims to improve the efficiency and effectiveness of courts and tribunals in England, Wales, Scotland, and Northern Ireland. Key changes include altering judicial titles, clarifying the deployment of judges, and authorizing certain court and tribunal staff to provide legal advice and, under specific circumstances, exercise limited judicial functions.

Description

Deployment of Judges

The Bill modifies existing legislation to allow for greater flexibility in the deployment of High Court deputy judges and other judges across different courts and tribunals. It also expands the roles certain judges can hold concurrently, including recorders and Presidents/Vice Presidents of Employment Tribunals.

Alteration of Judicial Titles

The Bill updates several judicial titles to reflect current practices and terminology, for example, changing "Chief Bankruptcy Registrar" to "Chief Insolvency and Companies Court Judge".

Functions of Staff

The Bill allows authorized court and tribunal staff to provide legal advice to judges in the family court and justices of the peace. It also enables them to exercise certain judicial functions as defined by procedure rules, ensuring that these functions are subject to oversight and safeguards.

This authorization is subject to regulations set by the Secretary of State or Lord Chancellor, and these regulations are subject to parliamentary annulment.

Government Spending

The Bill does not directly specify any major increases or decreases in government spending. However, potential cost implications could arise from training, regulation, or potential liabilities associated with the expanded roles of court staff. No precise figures are provided in the bill text.

Groups Affected

• Judges: May experience changes in workload and deployment across different courts and tribunals.
• Court and Tribunal Staff: Selected staff may gain new responsibilities, including providing legal advice and exercising limited judicial functions, potentially requiring additional training and potentially increased liability.
• Justices of the Peace and Judges in the Family Court: Will receive legal advice from authorized staff.
• Individuals involved in court and tribunal proceedings: May experience changes to procedure and practice as a result of staff exercising some judicial functions.

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