Her Majesty's Courts and Tribunals Service
Encyclopedia
Her Majesty's Courts and Tribunals Service is an agency of the Ministry of Justice. It was created on 1 April 2011 by the merger of Her Majesty's Courts Service
and the Tribunals Service
.
The agency is responsible for the administration of the courts of England and Wales, the Probate Service and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It works from about 600 locations across the United Kingdom.
, the High Court
, the Crown Court
, the Magistrates' Court
s, and the County Court
s.
The agency is responsible for the administration of all chambers of the First-tier Tribunal
and Upper Tribunal
, together with the Employment Tribunals
and certain other tribunals which the Tribunals Service was responsible for serving, such as the Special Immigration Appeals Commission
and Proscribed Organisations Appeal Commission.
The Lord Chancellor
is required by section 1 of the Courts Act 2003
and section 39 of the Tribunals, Courts and Enforcement Act 2007
to ensure there is an efficient and effective system to support the carrying on of the business of courts and tribunals, and it is to the Lord Chancellor that the agency is accountable, and the Lord Chancellor is in turn responsible for accounting for its operations to Parliament.
Her Majesty's Courts and Tribunals Service is an executive agency, in contrast with the Scottish Court Service
which is not subject to the control of a Minister in any way. However, it is unique in being such an agency and having constitutional accountability to judges as well as the Lord Chancellor. The framework document says that the agency is accountable to the Lord Chief Justice of England and Wales
and the Senior President of Tribunals. This provides a unique partnership between all three in relation to the effective governance, financing and operation of Her Majesty’s Courts and Tribunals Service. For example, where the Board cannot reach agreement, its Chair will refer the issue in question to the Lord Chancellor and the Lord Chief Justice for a decision.
Any amendment of the framework document must be agreed between all parties, and laid before Parliament. Furthermore, the Lord Chief Justice (and the Senior President) is entitled to terminate the partnership if either concludes that it is no longer compatible with his constitutional position or the independence of the judiciary. By doing so, a report will be presented before both Houses of Parliament of that fact, and the governance of Her Majesty’s Courts and Tribunals Service will revert to a conventional agency model reporting directly to the Lord Chancellor unless and until a new model is agreed between the Lord Chancellor and Lord Chief Justice or a different legislative framework is put in place.
Her Majesty's Courts Service
Her Majesty's Courts Service is an executive agency of the Ministry of Justice and is responsible for the administration of the civil, family and criminal courts in England and Wales....
and the Tribunals Service
Tribunals Service
The Tribunals Service was an executive agency of the Ministry of Justice in the United Kingdom between April 2006 and March 2011.The Tribunals Service was responsible for:*Adjudicator for HM Land Registry*Asylum and Immigration Tribunal...
.
The agency is responsible for the administration of the courts of England and Wales, the Probate Service and tribunals in England and Wales and non-devolved tribunals in Scotland and Northern Ireland. It works from about 600 locations across the United Kingdom.
Role
The Framework Document for Her Majesty's Courts and Tribunals Service says its aim is "to run an efficient and effective courts and tribunals system, which enables the rule of law to be upheld and provides access to justice for all." The courts over which it has responsibility are the Court of AppealCourt of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
, the High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
, the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
s, and the County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
s.
The agency is responsible for the administration of all chambers of the First-tier Tribunal
First-tier Tribunal
The First-tier Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and has since taken on the functions of twenty previously...
and Upper Tribunal
Upper Tribunal
The Upper Tribunal is part of the administrative justice system of the United Kingdom. It was created in 2008 as part of a programme, set out in the Tribunals, Courts and Enforcement Act 2007, to rationalise the tribunal system, and to provide a common means of handling appeals against the...
, together with the Employment Tribunals
Employment tribunal
Employment Tribunals are tribunal non-departmental public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment...
and certain other tribunals which the Tribunals Service was responsible for serving, such as the Special Immigration Appeals Commission
Special Immigration Appeals Commission
The Special Immigration Appeals Commission is a superior court of record in the United Kingdom established by the Special Immigration Appeals Commission Act 1997 that deals with appeals from persons deported by the Home Secretary under various statutory powers, and usually related to matters of...
and Proscribed Organisations Appeal Commission.
Accountability
Her Majesty's Courts and Tribunals Service remains operationally independent, and the responsibility for overseeing the leadership and direction of the agency rests with its Board, three of whose members are judicial officeholders and one of whom is Senior Presiding Judge. The Chief Executive is responsible for the day-to-day operations and administration of the agency, and is the Accounting Officer for the agency.The Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
is required by section 1 of the Courts Act 2003
Courts Act 2003
The Courts Act 2003 is an Act of the Parliament of the United Kingdom implementing many of the recommendations in Sir Robin Auld's in England and Wales...
and section 39 of the Tribunals, Courts and Enforcement Act 2007
Tribunals, Courts and Enforcement Act 2007
The Tribunals, Courts and Enforcement Act 2007 is an Act of the Parliament of the United Kingdom. It provides for several diverse matters relating to the law, some of them being significant changes to the structure of the courts and fundamental legal procedures...
to ensure there is an efficient and effective system to support the carrying on of the business of courts and tribunals, and it is to the Lord Chancellor that the agency is accountable, and the Lord Chancellor is in turn responsible for accounting for its operations to Parliament.
Her Majesty's Courts and Tribunals Service is an executive agency, in contrast with the Scottish Court Service
Scottish Court Service
The Scottish Court Service is the body which is responsible for the administration of the Court system in Scotland. The Service employs over 1000 staff members in Scotland's 49 Sheriff Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...
which is not subject to the control of a Minister in any way. However, it is unique in being such an agency and having constitutional accountability to judges as well as the Lord Chancellor. The framework document says that the agency is accountable to the Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
and the Senior President of Tribunals. This provides a unique partnership between all three in relation to the effective governance, financing and operation of Her Majesty’s Courts and Tribunals Service. For example, where the Board cannot reach agreement, its Chair will refer the issue in question to the Lord Chancellor and the Lord Chief Justice for a decision.
Any amendment of the framework document must be agreed between all parties, and laid before Parliament. Furthermore, the Lord Chief Justice (and the Senior President) is entitled to terminate the partnership if either concludes that it is no longer compatible with his constitutional position or the independence of the judiciary. By doing so, a report will be presented before both Houses of Parliament of that fact, and the governance of Her Majesty’s Courts and Tribunals Service will revert to a conventional agency model reporting directly to the Lord Chancellor unless and until a new model is agreed between the Lord Chancellor and Lord Chief Justice or a different legislative framework is put in place.