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» Introduction
» Property
» Rights and Liabilities

» Annex A - List of Properties

1. Introduction.

1.1    Purpose of Consultation Paper. This paper sets out the proposals for the transfer of property, rights and liabilities to the Greater London Magistrates' Courts Authority (GLMCA) on 1 April 2001. A previous consultation paper on a whole range of GLMCA implementation issues was issued in February 1999 to inform the broad outline of the primary legislation. As we are now preparing to draft the transfer order itself, this consultation paper provides the proposals in their final detail. Many helpful discussions have taken place between officials from the Lord Chancellor's Department, other Government Departments, Local Authorities and representatives from the Magistrates' Courts Service in London. The objective of this paper is;

• to seek your views on the proposals outlined below,
  
  
• to identify any practical problems with implementing the proposals,
  
  
• to establish whether any issues have been overlooked, and
  
  
• to finally confirm the accuracy of the list of properties involved.

1.2     Copies of this paper are being sent to:

• Chief Executives and Finance Directors of London Local Authorities and the Common Council of the City of London
  
  
• The GLMCA
  
  
• The Receiver for the Metropolitan Police District
  
  
• The Association of London Government
  
  
• Members of Magistrates' Courts Consultative Council
  
  
• Recognised unions of the Magistrates' Courts Service in London
  
  
• All Justices' Chief Executives in London
  
  
• HM Magistrates' Courts Service Inspectorate
  
  
• The Metropolitan Police Authority
  
  
• The Probation Service
  
  
• The Crown Prosecution Service
  
  
• The Immigration Appellate Authority

1.3     If you would like to comment on any of the proposals or questions in this paper, please send your responses by 17^th November 2000 to:

1.4     Further copies of this paper can be obtained from the above address or by calling 020 7210 8711.

1.5     When responding, it would be helpful if you explain who you are and, where relevant, who you represent. If you disagree with any of the proposals, please explain why, and the benefits of any alternative proposal you would favour.

1.6     Please ensure that you mark your response clearly if you wish the Government to keep your name and the contents of your response confidential. Otherwise, your name and the general contents of your response may be made public in response to questions under the Open Government initiative.

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2. Property

Background

2.1    On the 1 April 2001, the GLMCA will replace the existing 22 London Magistrates' Courts Committees (MCCs) as the MCC for Greater London. Currently, each MCC has its own paying (ie. 'local') authority who, under section 55 of the Justices of the Peace Act 1997 (JPA '97), is required to provide court houses and accommodation for magistrates' courts purposes. Due to the particular circumstances of London, and the significantly larger number of Local Authorities covered, the GLMCA will be its own paying authority in order to be able to make strategic decisions. To this end, paragraph 33 of schedule 14 of the Access to Justice Act 1999 (AJA '99) provides the Lord Chancellor with the power to make one or more schemes for the transfer of such property, rights and liabilities of magistrates' courts as deemed by him to be appropriate for the continued performance of the GLMCA's functions. These schemes will not be subject to parliamentary scrutiny.

Current Position

2.2    The great majority of properties used by MCCs in London are freehold, with the remainder being leasehold. In most cases, the MCC is the majority or sole occupier, with the minority occupier (where there is one) usually being another criminal justice agency. Only occasionally is the MCC the minority occupier. In some cases, for example when the Metropolitan Police Authority (MPA) and the MCC share buildings in Inner London, both occupants have a financial interest in the property. In other cases, where the property is shared with the Probation Service or the Crown Prosecution Service, the latter bodies do not have a financial interest. There also exist several vacant plots of land, purchased with 80% central government funding for magistrates' courts' purposes. In some cases, a car park forms an integral and dedicated part of a property, but in other cases parking is provided by separate arrangement with a Local Authority or third party.

Proposed transfer

2.3    It is proposed that all properties in Greater London where the MCC has the majority interest will transfer to the GLMCA on 1 April 2001, (with the exception of the City of London Magistrates' Court). Properties will be transferred whether freehold or leasehold. We will liase with individual local authorities to ensure that leaseholders are informed about the transfer. It is proposed that the vacant plots of land should also transfer to the GLMCA. It is not proposed to transfer parking used by MCCs except where it forms an integral and dedicated part of the property and, as such, is included within the land registry title. Other parking arrangements which exist with Local Authorities or third parties will continue to be made by local arrangement with the GLMCA.

2.4    A complete list of MCC properties is included at Annex A (Inner London in Part 1 and Outer London/City in Part 2 for ease of reference), showing which properties it is proposed to transfer.

This list will form the basis of the transfer scheme. If you are aware of any omissions, or any amendments that need to be made, please contact Tamzin Muir at the address in paragraph 1.3 by 17 November 2000.

Occupiers

2.5    In the case of shared interest in a property, the majority occupier will own the freehold/leasehold but the minority occupier will also retain their financial interest in the property. For example, in the case of South Western Magistrates' Court, the whole of the Lavender Hill premises in Battersea will transfer to the GLMCA but the police station part of it will be leased back to the MPA as the minority occupier. The rights and future interest of the MPA will be taken into account if the property were to be sold or leased in the future. We envisage that sharers of a property, who do not have a legal interest in the property, will continue to make local arrangements as now. We believe that, in many cases, previous informal arrangements are currently being formalised to provide clarity for both sides.

Compensation

2.6    MCC property is being transferred to the GLMCA in order to enable it to make strategic decisions on an equitable basis. It is not proposed that financial recompense is made for those properties being transferred to the GLMCA. This proposal is based on the following rationale;

• Local Authorities would be obliged to continue providing the property in perpetuity if it were not transferred, so would not be able to realise the asset anyway,
  
  
• the majority of Outer London court properties were not purchased by Local Authorities but were transferred to them at no cost by a London-wide body (the Greater London Council). Where new buildings have been purchased, the Local Authority has received the benefit arising from the disposal of the old surplus property.

Right to Appeal

2.7    It should be noted that the statutory right of Local Authorities to appeal to the Lord Chancellor against a court house closure will continue even after properties are transferred to the GLMCA. However, there is no right of appeal against the inclusion of a property in the transfer scheme.

Arrangements for the continuing provision of properties not transferred

2.8    Under paragraph 35 of schedule 14 of the AJA '99, the Lord Chancellor may require that the London 'local' authorities continue to provide those properties that they previously provided for magistrates' court purposes but which have not been transferred to the GLMCA. It is proposed that these buildings should be made available to the GLMCA on similar terms and conditions as currently enjoyed and for as long as required by the GLMCA. It is also proposed that the owning authority will not be able to undertake any alteration or extension of the accommodation which it is to make available to the GLMCA without the consent of the Lord Chancellor.

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3. Rights and Liabilities

3.1    It is proposed to transfer to the GLMCA all rights and liabilities which are deemed appropriate for the performance of the GLMCA's functions, including employment contracts and other contracts, which are currently held by the following;

• a Magistrates' Courts Committee in Greater London,
  
  
• the Receiver for the Metropolitan Police District,
  
  
• the Council of an Outer London borough,
  
  
• the Common Council of the City of London.

Transfer of staff

3.2     Paragraph 33(7) of schedule 14 of the AJA '99 provides that; where rights and liabilities under a contract of employment are transferred;

1. the continuity of staff's employment will not be broken by the transfer,
   
   
2. staff will not be regarded as having been dismissed by virtue of the transfer,
   
   
3. staff's period of employment prior to transfer to the GLMCA will count as a period of employment with the GLMCA.

3.3     It is government policy that the principles of TUPE (Transfer of Undertaking (Protection of Employment)) apply to transfers of this nature within the public sector.

Pensions

This transfer scheme does not deal with employee's membership of pension schemes. Arrangements are being made separately which will enable staff to continue in their existing pension schemes after the transfer to the GLMCA. However, future pension arrangements will be determined by the GLMCA following discussions with staff and unions.

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Annex A

List of all properties used by, or held on behalf of, Magistrates' Courts Committees in Greater London as at 02.10.00, indicating which it is proposed to transfer

Part I: Inner London

Part II: Outer London and City

Part I: Inner London

NO.	PROPERTY	TO TRANSFER
1.	Balham (SW London) Juvenile Court 217 Balham High Road SW17 7BS	T
2.	Belmarsh Magistrates' Court 4 Belmarsh Road London SE28 OHA	T
3.	Bow Street Magistrates' Court 28 Bow Street London WC2E 7AS	T
4.	Camberwell Green Magistrates' Court 15 D'Eynesford Road London SE5 7IP	T
5.	Clerkenwell Magistrates' Court 78 Kings Road London WC1X 9QJ	T
6.	Greenwich Magistrates' Court 10 Blackheath Road London SE10 8PG, including:	T
7.	2-8 Greenwich High Road London SE10 8LF	T
8.	24/26/28 Greenwich High Road London SE10 8LF	T
9.	15/17/19/21 Blackheath Road London SE10 8PE	T
10.	44 Catherine Grove London SE10 8PE	T
11.	Hamstead Magistrates' Court (status to be confirmed)	To transfer if not sold before the transfer date.
12.	33 Heathwood Gardens London SE7 8ES	T
13.	Highbury Corner Magistrates' Court 51 Holloway Road London N7M 8JA	T
14.	Proposed West Central Magistrates' Court site 202-206 Regents Park Road London NW1	T
15.	Horseferry Road Magistrates' Court 70 Horseferry Road, London SW1P 2AX and ILMCS Headquarters 65 Romney Street, London SW1P 3RD	T
16.	Marlborough Street 21 Great Marlborough Street London W1A 4E7	To transfer if not sold before transfer date.
17.	Marylebone Magistrates' Court 181 Marylebone Road London NW1 5QJ and 175 Seymour Place London W1H 5TP	T
18.	179 Marylebone Road London NW1 5QJ	T
19.	185 Marylebone Road London NW1 5QJ	T
20.	163A Seymour Place London W1H 5TP	T
21.	165-169 Seymour Place London W1H 5TP	T
22.	163A, 165, 168 and 171 Seymour Place London W1H 5TP	T
23.	Old Street Magistrates' Court 335 Old Street London EC1 9LJ
24.	South Western Magistrates' Court 176a Lavender Hill Battersea SW11	T
25.	Thames Magistrates' Court 58-68 Bow Road London E3 4DJ	T
26.	Tower Bridge Magistrates' Court 211 Tooley Street London SE1 2JY	T
27.	Wells Street Magistrates' Court 59-65 Wells Street London W1A 3AE	T
28.	West London Magistrates' Court 181 Talgarth Road London W6 8DN	T
29.	Woolwich Magistrates' Court Market Square Woolwich London SE18 6QY	T

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Part II: Outer London and City

NO.	MCC	PROPERTY	TO TRANSFER
1.	Barking & Dagenham	Barking Magistrates' Court The Court House East Street Barking Essex IG11 8EW	T
2.	Barking & Dagenham	14/16 North Street Barking Essex IG11 8AW	T
3.	Barnet	Barnet Court House High Street Barnet Herts EN5 5UE	T
4.	Barnet	Hendon Court House The Hyde, Hendon Herts NW9 7BY	T
5.	Barnet	Justices' Clerks Office 7c High Street Barnet Herts EN5 5UE	T
6.	Barnet	12 garages at rear of 7c High Street
7.	Barnet	Land at Mill Hill	T
8.	Bexley	Bexley Magistrates' Court The Court House Norwich Place Bexleyheath Kent DA6 7NB	T
9.	Brent	Magistrates' Courts Brent Church End 448 High Road London NW10 2DZ	T
10.	Bromley	Bromley Magistrates' Court 1 London Road Bromley Kent BR1 1RA	T
11.	City of London	City of London Magistrates' Court The Justice Rooms 1 Queen Victoria Street London EC4N 4XY
12.	Croydon	The Magistrates' Court Barclay Road Croydon CR9 3NG	T
13.	Ealing	Ealing Magistrates' Court The Court House Green Man Lane Ealing London W13 0SD	T
14.	Ealing	Acton Magistrates' Court Winchester Street Acton London W3 8PB	T
15.	Enfield	Enfield Magistrates' Court The Court House Lordship Lane Tottenham London N17 6RT	T
16.	Haringey	Highgate Court House Bishops Road Highgate London N6 4HS	T
17.	Haringey	Tottenham Court House Lordship Lane Tottenham London N17 6RT	T
18.	Harrow Gore	Harrow Magistrates' Court P.O. Box 164 Rosslyn Crescent Harrow HA1 2JY	T
19.	Havering	Havering Magistrates' Court The Court House 19 Main Road Romford Essex RM1 3BH	T
20.	Hillingdon	Uxbridge Magistrates' Court The Court House Harefield Road Uxbridge Middlesex UB8 1PQ	T
21.	Hounslow	Feltham Court House 21-23, 25 and 27 Hanworth Road Feltham Middlesex TW13 5AG	T
22.	Hounslow	Brentford Court House Market Place Brentford Middlesex TW8 8EN	T
23.	Kingston Upon Thames	The Courthouse Guildhall Kingston Upon Thames KT1 1EU
24.	Kingston Upon Thames	Justices' Clerk's Office 19 High Street Kingston Upon Thames KT1 1JW	T
25.	Kingston Upon Thames	The "Triangle Site" (adjacent to Guildhall) KT1 1EU	T
26.	Merton	The Law Courts Alexandra Road Wimbledon London SW19 7JP	T
27.	Newham	Stratford Magistrates' Court 389-407 High Street Stratford London E15 4SB	T
28.	Redbridge	Redbridge Magistrates' Court The Court House 850 Cranbrook Road Barkingside Essex 1G6 1HW	T
29.	Richmond Upon Thames	Richmond Magistrates' Court Parkshot Richmond Surrey TW9 2RF	T
30.	Sutton	Sutton Magistrates' Court The Courthouse Shotfield Surrey SM6 OJA	T
31.	Waltham Forest	Waltham Forest Magistrates' Court The Court House 1 and 1A Farnam Avenue Walthamstow London E17 4NX	T

 

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