Courts boards
Section 4: Establishment of courts boards
18.Section 4 requires the Lord Chancellor to set up courts boards (the functions of which are set out in section 5). The section obliges the Lord Chancellor to define the geographical area for which they are responsible by order. It obliges him, in defining the areas, to have regard to the desirability of ensuring coterminosity with CJS areas, which are based on areas defined in the Police Act 1996. It provides that the names of each courts board area will be specified in the order. It allows the Lord Chancellor to make orders altering the areas, but it requires that the Lord Chancellor consult an affected courts board before an amending order is made. It provides for a Schedule that sets out the constitution and procedure of courts boards, including the categories of membership of the courts boards.
Schedule1: Constitution and Procedure of courts boards
19.This Schedule provides for the constitution and procedure of courts boards. Members are to be appointed by the Lord Chancellor. Minimum membership will consist of at least one judge; at least two lay magistrates; at least two other members who appear to have knowledge or experience of the work of the courts in the area; and at least two members who appear to be representative of local people in the area. It provides for regulations to be made by the Lord Chancellor in relation to the appointment of members, in particular the appointments procedure; the selection of a chairman from among the board members; the term of office of board members and their resignation, suspension or removal; the procedure of boards, including quorum; and the validation of proceedings in the event of removal, a vacancy or defect in appointment.
20.This Schedule also enables the Lord Chancellor to make payments in respect of expenses and remuneration.
Section 5: Functions of Courts Boards
21.Section 5 requires each courts board to scrutinise, review and make recommendations about how the Lord Chancellor is fulfilling his general duty. It specifies that courts boards will, in particular, consider draft and final business plans for their area. It requires the Lord Chancellor to issue the courts boards with guidance about how they should carry out their functions, including the procedures to be followed in considering draft and final business plans. This guidance must be laid before both Houses of Parliament. The Lord Chancellor must give due consideration to their recommendations. If the Lord Chancellor rejects a courts board’s recommendations on its final business plan he must give to them his reasons for doing so in writing. Subsection (4) makes clear that courts boards are not concerned with the Court of Appeal or High Court.