Office of Public Sector Information
Statutory Instruments
Justices of the peace, england and wales
Made
17th June 2007
Laid before Parliament
19th June 2007
Coming into force
13th July 2007
The Lord Chief Justice makes the following Rules, in exercise of the powers conferred on him by:
sections 10(4), 18(6) and (7) and 19(1) and (2) of the Courts Act 2003(1), after consultation with the Lord Chancellor, the Criminal Procedure Rule Committee, the Family Procedure Rule Committee and the Magistrates’ Courts Rule Committee in accordance with section 20(2) of that Act(2);
section 67(4) of the Magistrates’ Court Act 1980(3) after consultation with the Lord Chancellor and after consultation with the Family Procedure Rule Committee in accordance with section 67(6) of that Act; and
section 45(4) of the Children and Young Persons Act 1933(4) with the concurrence of the Lord Chancellor and after consultation with the Criminal Procedure Rule Committee in accordance with section 45(6) of that Act:
1. These Rules may be cited as the Justices of the Peace (Training and Development Committee) Rules 2007 and shall come into force on 13th July 2007.
2.—(1) In these Rules—
“a BTDC” means a Bench Training and Development Committee; and references to justices, in relation to a BTDC, mean justices assigned to the local justice area or areas for which the BTDC is established;
“a FTDC” means a Family Training and Development Committee; and references to family justices, in relation to a FTDC, mean family justices assigned to the local justice area or areas for which the FTDC is established;
“a MATC” means a Magistrates’ Area Training Committee;
“approved court chairman” means a justice approved to preside in magistrates’ courts other than family proceedings courts, youth courts or licensing or betting licence committees in accordance with these Rules;
“approved family court chairman” means a family justice approved to preside in a family proceedings court in accordance with these Rules;
“approved youth court chairman” means a youth justice approved to preside in a youth court in accordance with these Rules;
“courts board area” means an area of England and Wales for which there is a courts board under section 4 of the Courts Act 2003;
“election meeting” means the meeting held in accordance with rule 11 of the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005(5);
“family election meeting” means the meeting held in accordance with rule 4(2) of the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007(6);
“family justice” means a justice who has been authorised to sit as a member of a family proceedings court;
“family panel” means the Committee established in accordance with rule 3 of the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007; and where a combined family panel has been formed in accordance with rule 5 of those Rules means that combined family panel;
“Greater London area” means the local justice areas covering the London Boroughs listed in Part I of Schedule 1;
“Inner London area” means the local justice areas covering the London Boroughs listed in Part II of Schedule 1;
“justice” means a lay justice and, in relation to a local justice area, means a justice who is assigned to that area;
“justices’ clerk”, in relation to a local justice area, means a justices’ clerk assigned to that area and includes any person acting as such;
“MATC area” means an area of England and Wales for which there is a MATC established in accordance with rule 42;
“the ILYTDC” means the Inner London Youth Training and Development Committee; and references to youth justices, in relation to the ILYTDC mean the youth justices assigned to the local justice areas within the Inner London area;
“youth election meeting” means the meeting held in accordance with rule 4(2) of the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007(7);
“youth panel” means the Committee established in accordance with rule 3 of the Youth Courts (Constitution of Committees and Right to Preside) Rules 2007; and where a combined youth panel has been formed in accordance with rule 5 of those Rules means that combined youth panel; and
“youth justice” means a justice who has been authorised to sit as a member of a youth court.
(2) A reference in these Rules to a BTDC, FTDC or MATC includes, where appropriate, a combined BTDC, FTDC or MATC.
(3) Where—
(a) a rule requires consultation with, or reporting to, a person or body; and
(b) in the context of the rule in question there is more than one such person or body to whom the rule could refer,
consultation shall take place with or, as the case may be, the report shall be made to, all the persons or bodies to whom the rule could refer.
3. There shall be a BTDC for each local justice area.
4.—(1) The membership of the BTDC shall consist of six or nine justices for the local justice area appointed in accordance with this rule.
(2) The membership of the BTDC must include—
(a) at least one family justice if a FTDC has not been established for its local justice area; and
(b) at least one youth justice if its local justice area is outside the Inner London area.
(3) The membership of the BTDC shall rotate by one third in each calendar year.
(4) Except as mentioned in rules 5(2), 8(2), 9(2), 10(3) and 10(4), a member of the BTDC shall be appointed to hold office for a term of three years beginning on 1st January following his appointment.
(5) At each election meeting the justices shall—
(a) elect the members of the BTDC or choose a panel of justices who shall select the members of the BTDC; and
(b) decide the method of filling casual vacancies.
(6) The BTDC shall hold a meeting as soon as practicable after 1st January each year.
(7) At that meeting the members shall, where rule 5 or rule 8(2) applies, decide the length of their terms of office and if they are unable to agree, the length of their terms shall be determined by lot conducted by the justices’ clerk.
(8) At that meeting the members of the BTDC shall appoint a chairman whose term of office shall expire on 31st December of each year.
(9) Subject to rule 6, the BTDC may re-appoint a chairman.
(10) The justices’ clerk may attend the meetings of the BTDC but, except where he is required to act under paragraph (7), he may act in an advisory capacity only.
(11) A chairman of the justices elected under the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005 shall not be a member of the BTDC for the local justice area for which he was appointed.
5.—(1) At an election meeting the justices may decide, subject to rule 4(1), to increase or reduce the number of members of the BTDC.
(2) If the justices decide to increase or reduce the number of members of the BTDC in accordance with paragraph (1)—
(a) all the existing members of the BTDC shall retire on the 31st December of the calendar year in which the decision is made; and
(b) members of the BTDC appointed in that year shall hold office from 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
6.—(1) A justice may not serve as a member of a BTDC for more than a total of nine years.
(2) A member of the BTDC shall be eligible for reappointment if, at the end of his most recent term of office, he will have served as a member of the BTDC for a period or periods totalling less than nine years.
(3) If, on a date before the end of the period specified in rule 4(4) or (as the case may be) rules 5(2)(b) or 8(2)(b), a member will have served as a member of the BTDC for nine years that member’s term of office shall end on that date.
7.—(1) Subject to the following paragraphs of this rule, a BTDC meeting shall be quorate if there are three members at the meeting.
(2) Where a BTDC is carrying out one of the functions referred to in rule 11 or rule 37 in relation to one or more family justices, a BTDC meeting shall only be quorate if a family justice is present unless—
(a) a family justice is not present due to unforeseen circumstances; and
(b) the members of the BTDC present at the meeting agree that it is appropriate to carry out the function in the absence of a family justice.
(3) Where a BTDC is carrying out one of the functions referred to in rule 11 or rule 37 in relation to one or more youth justices, a BTDC meeting shall only be quorate if a youth justice is present unless—
(a) a youth justice is not present due to unforeseen circumstances; and
(b) the members of the BTDC present at the meeting agree that it is appropriate to carry out the function in the absence of a youth justice.
(4) If—
(a) a member leaves a meeting because he is the subject of discussion at the meeting; and
(b) by reason of his absence there are less than three members at the meeting,
the meeting shall be quorate in relation to that discussion.
8.—(1) The justices for two or more local justice areas may establish a combined BTDC, and—
(a) the provisions of these Rules shall apply to a combined BTDC as they apply to a BTDC for a single local justice area subject to such modifications to rule 4(5) and 10(1) as are agreed by the justices for the local justice areas concerned; and
(b) the justices for the local justice areas concerned shall, subject to rule 4(1), decide the number of members of a combined BTDC.
(2) If the justices for two or more local justice areas establish a combined BTDC in accordance with paragraph (1)—
(a) all the existing members of the BTDCs which are combined to make the combined BTDC shall retire at the end of the calendar year in which the decision is made; and
(b) members of the combined BTDC appointed in that year shall hold office from the 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
9.—(1) The justices for the local justice areas within a combined BTDC may decide to replace the combined BTDC with—
(a) a single BTDC for each local justice area;
(b) more than one combined BTDC; or
(c) a combination of single and combined BTDCs.
(2) If the justices for two or more local justice areas replace a combined BTDC as mentioned in paragraph (1)—
(a) the existing members of the combined BTDC shall retire at the end of the calendar year in which the decision is made; and
(b) members of each single or combined BTDC appointed in that year shall hold office from the 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
10.—(1) If a casual vacancy arises, it shall be filled as soon as practicable with the method of filling casual vacancies decided in accordance with rule 4(5)(b).
(2) If, but for rule 6(3), a member would have served for a longer term, a casual vacancy arises when that member’s term of office ends.
(3) A member appointed to fill a casual vacancy described in paragraph (2) shall serve the remaining part of the period for which the member he is replacing would, but for rule 6(3), have served.
(4) A member appointed to fill a casual vacancy, other than one described in paragraph (2), shall serve for the remaining part of the period for which the member he is replacing was appointed.
(5) Any period served by a member filling a casual vacancy shall not count towards the period of nine years’ service referred to in rule 6.
11.—(1) Each BTDC shall carry out the functions set out in this rule in relation to—
(a) justices who sit in the adult court;
(b) family justices, if a FTDC has not been established for its local justice area; and
(c) youth justices, if its local justice area is outside the Inner London area.
(2) Each BTDC shall—
(a) establish a scheme for appraising justices;
(b) arrange for justices to attend the relevant training in accordance with rule 31;
(c) identify the training needs of justices and, not later than 30th September in each year, give the relevant MATC a report of those training needs; and
(d) maintain, as appropriate, a list of approved court chairmen, approved family court chairmen and approved youth court chairmen from among the justices, family justices and youth justices assigned to its local justice area.
(3) In paragraph (2), the relevant MATC means the MATC for the MATC area in which the local justice area covered by the BTDC is located.
(4) Where the BTDC is carrying out its functions in respect of family justices or youth justices it shall establish in consultation with the family or youth panel, Area Director and the justices’ clerk for the local justice area the number of—
(a) family justices and approved family court chairmen; or
(b) youth justices and approved youth court chairmen,
as the case may be, needed for the local justice area.
12.—(1) Every BTDC shall establish a scheme to appraise the performance on the bench of the justices, such as will enable it to—
(a) determine their training and development needs;
(b) report to the MATC on their training needs; and
(c) maintain a list of approved court chairmen in accordance with rules 32, 33 and 34.
(2) The BTDC shall select justices to conduct appraisals (“the appraising justices”) and it may also arrange for a justice assigned to a different local justice area to conduct appraisals.
(3) The BTDC shall determine the intervals at which justices are to be appraised, having regard to the requirements of rule 34.
(4) The BTDC shall establish a procedure for conducting appraisals, which shall include the following elements—
(a) the notification that will be given to the justice to be appraised (“the appraised justice”);
(b) a procedure for the appraising justice to record his assessment and for notifying the appraised justice and the BTDC of that assessment;
(c) a procedure for enabling the appraised justice to discuss the assessment with the appraising justice and a procedure enabling the appraised justice to challenge the assessment to a person other than the appraising justice; and
(d) the time limits for those procedures.
(5) The BTDC shall publish its scheme to the justices.
(6) Where the BTDC is exercising its appraisal function in respect of family justices or youth justices—
(a) a reference in this rule to “justice” shall be a reference to a family justice or youth justice as the case may be and “justices” shall be construed accordingly;
(b) a reference in this rule to rule 34 shall be—
(i) in the case of family justices, a reference to rule 35; and
(ii) in relation to youth justices, a reference to rule 36; and
(c) when complying with paragraph (3), the BTDC shall have regard also to the requirements of rule 38(b).
13.—(1) The family panel for the Greater London area shall establish a FTDC for that area from 13th July 2007 and, in relation to that FTDC the provisions of Schedule 2 shall apply.
(2) The Lord Chief Justice may direct that a family panel outside the Greater London area establish a FTDC for the local justice area or areas to which that family panel relates.
(3) The Lord Chief Justice may give the direction referred to in paragraph (2)—
(a) of his own motion; or
(b) on the joint application of the family panel and all of the BTDCs for the local justice area or areas to which the family panel relates.
(4) Where the family panel establishing the FTDC is a combined family panel, the FTDC shall be a combined FTDC and rule 18(4) and (5) shall apply accordingly.
(5) The Lord Chief Justice may direct that a family panel outside the Greater London area dissolve a FTDC established by that family panel in accordance with paragraph (2).
14.—(1) The membership of the FTDC shall consist of six or nine family justices appointed in accordance with this rule.
(2) Except as mentioned in paragraph (5), the membership of the FTDC shall rotate by one third in each calendar year.
(3) Following the direction of the Lord Chief Justice referred to in rule 13(2), the family panel for the local justice area shall hold a meeting at which the family justices shall decide the number of members of the FTDC.
(4) At the meeting referred to in paragraph (3) and in the family election meeting of the following year and each subsequent family election meeting the family panel shall—
(a) elect the members of the FTDC or choose a panel of family justices who shall select the members of the FTDC; and
(b) decide the method of filling casual vacancies.
(5) Members of the FTDC appointed at the meeting referred to in paragraph (3) shall hold office for a term beginning on the date of appointment and consisting of the length of time between that date and 31st December in the year of appointment plus—
(a) one year, in the case of one third of the members;
(b) two years, in the case of one third of the members; and
(c) three years, in the case of the remaining one third of the members.
(6) Except as mentioned in paragraph (5), and in rules 15(2), 16(3), 18(6), 19(2) and 20(3) and (4), a member of the FTDC shall be appointed to hold office for a term of three years beginning on 1st January following his appointment.
(7) The FTDC shall hold a meeting as soon as practicable after—
(a) the meeting of the family panel referred to in paragraph (3); and
(b) 1st January each year.
(8) At that meeting the members shall, where paragraph (5), or rule 15(2), 18(6) or 19(2) applies, decide the length of their terms of office and if they are unable to agree, the length of their terms shall be determined by lot conducted by the justices’ clerk.
(9) At that meeting the members of the FTDC shall appoint a chairman whose term of office shall expire on 31st December of each year.
(10) Subject to rule 16, the FTDC may re-appoint a chairman.
(11) The justices’ clerk may attend the meetings of the FTDC but, except where he is required to act under paragraph (8), he may act in an advisory capacity only.
(12) A chairman of the justices elected under the Justices of the Peace (Size and Chairmanship of Bench) Rules 2005(8) shall not be a member of the FTDC for the local justice area for which he was appointed.
15.—(1) At a family election meeting the family justices may decide, subject to rule 14(1), to increase or reduce the number of members of the FTDC.
(2) If the family justices decide to increase or reduce the number of members of the FTDC in accordance with paragraph (1)—
(a) all the existing members of the FTDC shall retire on 31st December of the calendar year in which the decision is made; and
(b) members of the FTDC appointed in that year shall hold office from 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
16.—(1) A family justice may not serve as a member of a FTDC for more than a total of nine years.
(2) A member of the FTDC shall be eligible for reappointment if, at the end of his most recent term of office, he will have served as a member of the FTDC for a period or periods totalling less than nine years.
(3) If, on a date before the end of the period specified in rule 14(6) or (as the case may be) rules 15(2)(b), 18(6)(b) or 19(2)(b), a member will have served as a member of the FTDC for nine years that member’s term of office shall end on that date.
17.—(1) Subject to paragraph (2), a FTDC meeting shall be quorate if there are three members at the meeting.
(2) If—
(a) a member leaves a meeting because he is the subject of discussion at the meeting; and
(b) by reason of his absence there are less than three members taking part in the discussion,
the meeting shall be quorate in relation to that discussion.
18.—(1) The Lord Chief Justice may—
(a) of his own motion; or
(b) on the application of two or more FTDCs,
direct that the family panels for two or more local justice areas establish a combined FTDC.
(2) Paragraph (3) applies where—
(a) two or more family panels form a combined family panel in accordance with the Family Proceedings Courts (Constitution of Committees and Right to Preside) Rules 2007; and
(b) one or more FTDCs exist in relation to the local justice areas to which the family panels relate.
(3) Where this paragraph applies—
(a) the FTDCs for the local justice areas to which the family panels relate; and
(b) the BTDCs, if any, for the local justice areas to which the family panels relate in relation to which there is no existing FTDC,
shall apply to the Lord Chief Justice for a direction that the family panels concerned establish a combined FTDC.
(4) The provisions of these Rules shall apply to a combined FTDC as they apply to a FTDC for a single local justice area subject to such modifications to rule 14(4) and 20(1) as are agreed by the family panels for the local justice areas concerned.
(5) The family panels for the local justice areas concerned shall, subject to rule 14(1), decide the number of members of a combined FTDC.
(6) If the family panels for two or more local justice areas establish a combined FTDC in accordance with paragraph (1)—
(a) the existing members of the FTDCs which are combined to make the combined FTDC shall retire at the end of the calendar year in which the decision is made; and
(b) members of the combined FTDC appointed in that year shall hold office from the 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
19.—(1) The Lord Chief Justice may—
(a) of his own motion; or
(b) on the application of the combined FTDC in question,
direct that the family panels for the local justice areas within a combined FTDC replace the combined FTDC with—
(i) a single FTDC for each local justice area or areas to which a family panel relates;
(ii) more than one combined FTDC; or
(iii) a combination of single and combined FTDCs.
(2) If the family panels for two or more local justice areas replace a combined FTDC as mentioned in paragraph (1)—
(a) the existing members of the combined FTDC shall retire on 31st December of the calendar year in which the decision is made; and
(b) members of each single or combined FTDC appointed in that year shall hold office from the 1st January in the following year for the following periods—
(i) one year, in the case of one third of the members;
(ii) two years, in the case of one third of the members; and
(iii) three years, in the case of the remaining third of the members.
20.—(1) If a casual vacancy arises, it shall be filled as soon as practicable with the method of filling casual vacancies decided in accordance with rule 14(4)(b).
(2) If, but for rule 16(3), a member would have served for a longer term, a casual vacancy arises when that member’s term of office ends.
(3) A member appointed to fill a casual vacancy described in paragraph (2) shall serve the remaining part of the period for which the member he is replacing would, but for rule 16(3), have served.
(4) A member appointed to fill a casual vacancy, other than one described in paragraph (2), shall serve for the remaining part of the period for which the member he is replacing was appointed.
(5) Any period served by a member filling a casual vacancy shall not count towards the period of nine years’ service referred to in rule 16.
21.—(1) Each FTDC shall—
(a) establish a scheme for appraising family justices;
(b) identify the training needs of family justices and, no later than 30th September in each year, give the relevant MATC a report of those training needs;
(c) arrange for family justices to attend the relevant training in accordance with rule 31;
(d) establish, in consultation with the family panel, the Area Director and the justices’ clerk, the number of family justices and approved family court chairmen needed for the local justice area; and
(e) maintain a list of approved family court chairmen among the family justices assigned to its local justice area.
(2) In paragraph (1), the relevant MATC means the MATC for the MATC area in which the local justice area covered by the FTDC is located.
22.—(1) The FTDC shall establish a scheme to appraise the performance on the bench of the family justices, such as will enable it to—
(a) determine their training and development needs;
(b) report to the MATC on their training needs; and
(c) maintain a list of approved family court chairmen in accordance with rules 32, 33 and 35.
(2) The FTDC shall select family justices to conduct appraisals (“the appraising family justices”) and it may also arrange for a family justice assigned to a different local justice area to conduct appraisals.
(3) The FTDC shall determine the intervals at which family justices are to be appraised, having regard to the requirements of rules 35 and 38(b).
(4) The FTDC shall establish a procedure for conducting appraisals, which shall include the following elements—
(a) the notification that will be given to the family justice to be appraised (“the appraised family justice”);
(b) a procedure for the appraising family justice to record his assessment and for notifying the appraised family justice and the FTDC of that assessment;
(c) a procedure for enabling the appraised family justice to discuss the assessment with the appraising family justice and a procedure enabling the appraised family justice to challenge the assessment to a person other than the appraising family justice; and
(d) the time limits for those procedures.
(5) The FTDC shall publish its scheme to the family justices.
2003 c.39; section 10 was amended by the Constitutional Reform Act 2005 (c.4), Schedule 4, Part I, paragraphs 308 and 313 and section 19 was amended by that Act, Schedule 4, Part I, paragraphs 308 and 320. Back [1]
section 20 was amended by the Constitutional Reform Act 2005, Schedule 4, Part I, paragraphs 308 and 321. Back [2]
1980 c.43; section 67 was substituted by the Courts Act 2003, section 49(1) and amended by the Constitutional Reform Act 2005 Schedule 4, Part I, paragraphs 99 and 101. Back [3]
1933 c.12; section 45 was substituted by the Courts Act 2003, section 50(1) and amended by the Constitutional Reform Act 2005, Schedule 4, Part I, paragraph 20. Back [4]
S.I. 2005/553. Back [5]
S.I 2007/1610. Back [6]
S.I. 2007/1611. Back [7]
S.I. 2005/553. Back [8]
The Justices of the Peace (Training and Development Committee) Rules 2007