The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order abolishes Her Majesty’s Inspectorate of Courts Administration (HMICA) and the Public Guardian Board (PGB). Both bodies are listed in Schedule 1 to the Public Bodies Act 2011.

HMICA was established by section 58 of the Courts Act 2003. The PGB) was established by section 59 of the Mental Capacity Act 2005.

All of HMICA’s functions are abolished by this Order except for those specifically preserved and transferred by article 2(2), (3) and (4). The functions of HMICA being abolished include the general power to inspect the Crown Court, county courts and magistrates’ courts, and also the function, which has never been brought into force, of inspecting the operation of the coroner system. Article 2(2) and (3) transfers the power to inspect court custody areas and custody transport respectively in the Crown Court, county courts and magistrates’ courts to Her Majesty’s Chief Inspector of Prisons.

Articles 2(4) and 2(5) allow the specified criminal justice inspectorates to inspect criminal courts if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts.

All of the PGB)’s functions are abolished by this Order.

The Schedules to this Order make legislative amendments which are consequential etc on the abolition of each body.

An impact assessment has not been prepared for this Order as a whole as its effects are unlikely to lead to additional costs or savings for businesses, charities or the voluntary sector, and costs/benefits to the public sector will not exceed £5 million per annum. However, an impact assessment was prepared in connection with the abolition of Her Majesty’s Inspectorate of Courts Administration as part of the Ministry of Justice’s consultation on the Public Bodies Act 2011; it is available at http://www.justice.gov.uk/consultations/reform-public-bodies.htm.