This consultation published on 19 May 2004, invited comments on the proposals for the terms of transfer of magistrates' courts real property to the DCA subject to the wording of the Courts Act 2003. The consultation period ended on 11 August 2004 and the responses were published on the 21 February 2005.
This consultation closed on 11 August 2004.
This paper sets out for consultation the DCA's proposed general approach to the transfer to the DCA of property, rights and liabilities in conjunction with the pending transfer to the DCA (The term 'DCA' is used in this document to mean the Lord Chancellor as well as The Department itself or its Secretary of State, as may be appropriate to context. Where appropriate to context, such as in references to transfer lease or grant to the DCA, it is additionally used to mean the DCA or another Minister of the Crown (see para. 1 of Schedule 2 to the Courts Act 2003).)of responsibility for administration of the magistrates' courts in England and Wales.
This will take place under the Courts Act 2003 (the Act), relevant sections of which are set out in Annex A. The scope of the paper is limited to land and buildings, and to property, rights and liabilities related to them. The paper reflects the situation as it currently stands.
The consultation is aimed specifically at the distinct groups of people who will be affected by the transfer of property, as provided in Schedule 2, Part 1, Para.'s 1(1) and 1(2) of the Act. Informal discussions have identified specific persons who will be affected. The relevant groups are listed in the paragraph below.
The proposals put forward in the consultation will not affect the wider public. They are of a technical and consequential nature to the Courts Act 2003, on which there has already been considerable consultation. Although in the main this consultation follows the Code of Practice on Consultation issued by the Cabinet Office, for the reasons set out above, Christopher Leslie, Minister for DCA, has agreed that the consultation should be a limited, rather than a full public consultation.
Copies of the consultation paper are being sent to:
Association of Justices Chief Executives
Justices' Clerks Society
All MCC Estates and Property Managers
All MCC Chairpersons
The Central Council for Magistrates' Courts Committees (CCMCC)
The Magistrates' Courts Consultative Council (MCCC)
The GLMCA
All Local Authority Chief Executives
All Local Authority Estates and Property Managers
All Local Authority Legal Departments
Association of Chief Estates Surveyors (ACES)
County Property Officers Group (CPOG)
SCALA (Serving Construction and Architecture in Local Authorities)
Common Council of the City of London
All Police Authority Chief Constables
All Police Authority Estates and Property Managers
The Association of Chief Police Officers (ACPO)
ODPM
Local Government Association
Home Office Buildings and Estates Management Unit
The Coroner's Unit in the Home Office
The National Probation Service Directorate Estates Unit
National Probation Service Local Boards
HM Inspectorate of Probation (HMIP)
Victim Support Service/Witness Support Service
Crown Prosecution Service
Youth Offending Team Local Offices
The Immigration Appellate Authority
The Welsh Assembly
Any other appropriate Public Authority holding magistrates' court property.
However, this list is not meant to be exhaustive or exclusive and responses are welcomed from anyone with an interest in or views on the subject covered by this paper.
Please send your response by 11 August 2004 to:
Peter Gidman,
UCAP Estates Project Manager,
Department for Constitutional Affairs,
Room 4.35, 4th Floor,
Southside,
105 Victoria Street,
London SW1E 6QT
Tel: 020-7210 2026
Fax: 0870 739 4482
Email
Further paper copies of this consultation paper can be obtained from this address.
We would appreciate receiving responses by email if possible.
The Department may wish to publish responses to this consultation document in due course. Please ensure your response is marked clearly if you wish your response or name to be kept confidential.
If you are replying by e-mail, your consent overrides any confidentiality disclaimer that is generated by your organisation's IT system, unless you specifically include a request to the contrary in the main text of your submission to us.
Confidential responses will be included in any statistical summary of numbers of comments received and views expressed.
Representative groups are asked to give a summary of the people and organisations they represent when they respond.
A paper summarising the responses to this consultation will be published within five months. The response paper will be available on-line on this website.
If you have any complaints or comments about the consultation process rather than about the topic covered by this paper, you should contact the Department for Constitutional Affairs consultation co-ordinator, Laurence Fiddler, on 020 7210 2622 or email.
Alternatively, you may wish to write to the address below:
Laurence Fiddler,
Consultation Co-ordinator,
Department for Constitutional Affairs,
5th Floor Selborne House,
54 Victoria Street,
London SW1E 6QW
If your complaints or comments refer to the topic covered by this paper rather than the consultation process, please direct them to the contact given under the How to Respond section.
The six consultation criteria are as follows:
Consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy.
Be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses.
Ensure that your consultation is clear, concise and widely accessible.
Give feedback regarding the responses received and how the consultation process influenced the policy.
Monitor your department's effectiveness at consultation, including through the use of a designated consultation co-ordinator.
Ensure your consultation follows better regulation best practice, including carrying out a Regulatory Impact Assessment if appropriate.
A Review of the Criminal Courts of England and Wales was commissioned from Lord Justice Auld. His report, published in 2001, recommended that a single centrally funded agency, as part of the then Lord Chancellor's Department, should replace both the Court Service and the Magistrates' Courts Committees (MCC's).
The Courts Act 2003 (the Act) (Annex A) will implement the above recommendation on 'the Appointed Day' currently proposed to be 1 April 2005. Amongst other things, the Act provides for the abolition of MCC's, and it gives the DCA power to make a property transfer scheme or schemes for the transfer to the DCA of property, rights and liabilities to which MCC's are entitled or subject immediately before the Appointed Day.
This Paper aims to consult with affected authorities on the proposed approach to the transfer of relevant property, rights and liabilities to the DCA from those authorities referred to in the Act. The scope is limited to land and buildings, and to property, rights and liabilities related to them.
The paragraphs below summarise the questions being asked in this consultation document and the approaches proposed. Details to the background of each proposal can be found in the relevant section of the document:
Section 5 - Some General Considerations of Qualifying Property
This section covers issues where respondent's views are sought on the general approach to property transfer, and specifically the following:
5.1. Qualifying Property - in relevant situations, observations are requested on the proposed terms of a lease (Annex B) to be taken by the DCA from Transferor Authorities (do you have any observations to make on the terms of the attached lease?).
5.4. Transfer Mechanics - The DCA proposes to offer Transferor Authorities the opportunity to try to reach consensus on what property and rights, etc, will transfer and vest in the DCA, and on what basis. It is proposed that this will be recorded in a Memorandum of Agreement (Annex C). Comments are invited on the wording of the proposed Memorandum of Agreement.
Section 6 - Proposed Property Transfer Scheme Application to Some Recurring Situations
This section covers some general situations that are likely to occur and the proposed general approach to each of them. These situations include:
6.1 Freehold or leasehold whole premises used for magistrates' court purposes
6.2 Freehold or leasehold building shared with Transferor Authority
6.3 Freehold or leasehold premises shared with other court users
6.4 Premises in which the relevant or paying authority has an undocumented basis of occupation or a licence or user or other right to occupy for magistrates' court purposes.
6.5. PFI / PDS and other work in progress
6.6 Cases where the magistrates' court users do not enjoy exclusive occupation
6.7.1 Cells
6.7.2 Custody Locks
6.8 Empty, closed or undeveloped space, buildings or land
6.9 Shared utilities
Do you have any comments or suggestions to make in relation to the proposed general approach to property transfer in the above situations?
1. Introduction
This consultation paper sets out, as it currently stands, the DCA's proposed general approach to the transfer to the DCA of property rights and liabilities in conjunction with the pending transfer to the DCA of responsibility for administration of the magistrates' courts in England and Wales.
The property transfer process will take place pursuant to the Courts Act 2003, relevant sections of which are set out in Annex A. The proposed effective date for the transfer of property is 1 April 2005.
The scope of this paper is limited to land and buildings, and to property, rights and liabilities related to them.
Other forms of property rights and liability, including those relating to HR, finance and contracts issues, will be the subject of separate consultation, to be issued in due course by the DCA Unified Courts Administration Programme.
The objective of this paper is to set out the proposed general approach to be taken by the DCA in relation to property transfer, to seek your views on the general approaches to property transfer, to identify any practical problems with implementing the proposals, and to establish whether any issues have been overlooked.
This paper will not consult on the principles behind the future abolition of Magistrates' Courts Committees (MCC's) and transfer of property to the DCA, which is already policy cleared and enabled by the Courts Act 2003, on which there was previous widespread consultation.
Please note that the DCA's aim, so far as practicable, is to offer owning authorities later in 2004 the opportunity of further consultation on detailed issues associated with individual properties, on a property by property basis.
The DCA is still conducting physical inspections and legal due diligence on properties. From these exercises it is likely that further information will emerge and need to be considered. The general approach to property transfer is likely to continue to evolve.
2. Background to the Transfer of Magistrates' Court Property
At present there are separate arrangements for providing and managing different layers of court in England and Wales.
The Court Service, an Executive Agency of the DCA, is responsible for the operation of the Supreme Court (comprising the Court of Appeal, the High Court of Justice - including the Probate Service - and the Crown Court), county courts and a number of tribunals.
The magistrates' court system is the lowest tier of the criminal justice system and deals with the vast majority of criminal cases by number (90-95%). It is not currently a Court Service responsibility. At present the system and its accommodation are separately administered in 42 MCC areas.
Magistrates' Courts Committees, established under Part 3 of the Justices of the Peace Act 1997 (JPA 1997), are responsible for the efficient and effective operation and administration of the magistrates' courts within their areas. The duty to provide the magistrates' court accommodation historically rested with relevant local authorities, though the DCA provides funding for 80% of MCC expenditure.
A Review of the Criminal Courts of England and Wales was commissioned from Lord Justice Auld and published in October 2001. It recommended that a single centrally funded agency, as part of the Lord Chancellor's Department (now the Department for Constitutional Affairs), should replace both the Court Service and the MCC's and become responsible for the administration of all the civil and criminal courts, including the magistrates' courts.
In the White Paper 'Justice for All' the Government accepted the recommendation for a single courts organisation and stated that an agency would have a strong local dimension and would deliver decentralised management and local accountability within a national framework of standards and strategy direction.
The Courts Act 2003 received Royal Assent on 20 November 2003. It will, among other things, implement the above recommendation as its relevant sections are brought into force; provision is made in it for the abolition of MCC's and the transfer of property, rights and liabilities to the DCA. The Act places a duty on the DCA to provide an effective and efficient system to support the carrying on of the business of the main courts in England and Wales, including the magistrates' courts. Section 6(3) and Schedule 2 of the Act give the DCA power to make a property transfer scheme or schemes (PTS) for the transfer to the DCA or another Minister of the Crown of certain property, rights and liabilities to which MCC's and certain other persons are entitled or subject immediately before the Appointed Day specified by it (the 'Appointed Day').
A PTS will itself transfer or create any relevant interests and rights and vest them in the appropriate Minister. It may also be supplemented by Memoranda of Agreement or appropriate Deeds, Leases or other documents.
Please note, that until the relevant sections of the Act come into force and a day is appointed under it for the transfer of property (proposed to be 1 April 2005), the duty to provide magistrates' accommodation outside London continues to rest with relevant local authorities and in Greater London with the GLMCA (see generally Part VI of JPA 1997).
3. The Powers in the Courts Act 2003
The property transfer powers in the Act are set out in Section 6 and Schedule 2 to which reference should be made in all cases. Extracts appear as Annex A. This section of the consultation paper notes some of the principal features both for reference and to help put the balance of the paper in context.
3.1 Qualifying Property
'Qualifying Property' is a term used in this consultation paper to describe the property, rights or liabilities for whose transfer the Act provides that DCA may make a scheme or schemes; these are defined in Schedule 2 of the Act as any property rights or liabilities
(i) to which MCC's are entitled or subject (para 1(1)(a)); or
(ii) to which a Transferor Authority (see 3.4 below) is entitled or subject and which
subsist for the purposes of magistrates' courts
subsist in connection with magistrates' courts
are otherwise attributable to magistrates' courts.
(para 1(1)(b))
in each case immediately before the Appointed Day. That is the effective date to be specified in a PTS, and is expected to be 1 April 2005.
3.2 Other Rights and Provision
There is also power for a Property Transfer Scheme:
to provide for the creation of rights or the imposition of liabilities in relation to property transferred by a PTS (para 3(1)).
to provide for the apportionment or division of any property, rights or liabilities (para 3(2))
to make supplemental, consequential or transitional provision for the purposes of, or in connection with, a transfer made by a PTS (para 9)
3.3 Certification
The DCA has power to certify that particular property, rights or liabilities are Qualifying Property of a Transferor Authority (para 1(3)), and that any property, rights or liabilities have, or have not, transferred under or in accordance with a PTS (para 7).
3.4. Transferor Authorities
In this consultation paper the term 'Transferor Authority/ies' is used to describe authorities whose property can be made the subject of a Property Transfer Scheme. These are MCC's and certain other authorities which the Act (para 1(2) of Schedule 2) defines as follows:
an authority which is a responsible authority for the purposes of the Justices of the Peace Act 1997;
the Receiver for the Metropolitan Police District;
the council of an outer London borough;
the Common Council of the City of London;
a police authority established under section 3 of the Police Act 1996;
a local probation board;
any other body which acts under any enactment or instrument for public purposes and not for its own profit.
4. Property Transfer - Process and Consultation
This consultation paper is part of the DCA's consideration of the general approach to property transfer, which the Property Transfer Scheme will adopt. The DCA will consider any responses from relevant authorities and representative bodies, and other interested parties as appropriate.
The DCA aims, so far as practicable, to offer Transferor Authorities later in 2004 the opportunity of further consultation on the proposed approach to the transfer of relevant specific properties which they hold, and to involve the DCA's retained surveyors in discussing this with the Transferor Authorities concerned and reporting back to the DCA.
The DCA is currently conducting overall physical inspection and due diligence exercises on relevant property.
Consideration will be given to the results of all these exercises as they emerge and to other relevant matters with a view to deciding how a PTS should treat particular, individual properties.
The DCA will aim to take appropriate decisions property by property, as to how the PTS will treat that property, recorded where available by Memoranda of Agreement, leases or other documents which may have been agreed with Transferor Authorities, but carried into effect in any event by the PTS.
The aim would then be to make the relevant Property Transfer Scheme or Schemes so that they take effect by 1 April 2005.
5. Some General Considerations of Qualifying Property
5.1 Qualifying Property
It is proposed that a PTS will as a general rule transfer to DCA property, rights and liabilities which are Qualifying Property.
Qualifying Property is not limited to property, rights etc which at the relevant time are actually used or occupied by an MCC or for a magistrates' court function. For example, the fact that a magistrates' court shares a property with other users, who may or may not be connected in some way with its functions, does not mean that the whole of that property is not Qualifying Property.
It is proposed that, as a general rule, property and each separate right or interest in it (e.g. freehold, leasehold, underleasehold etc.) belonging to a Transferor Authority should transfer outright to the DCA to the extent it is Qualifying Property, and whether or not it is the immediate occupational interest.
There may be cases in which a transfer will need to divide Qualifying Property from other property of a Transferor Authority. In some cases particular difficulty might result - examples might include instances of flying freeholds or split leaseholds - and it may be appropriate to consider alternative methods of giving effect to the transfer.
It is proposed that methods considered, and where appropriate implemented by a PTS, might include retention of a whole freehold by a Transferor Authority and the lease of included Qualifying Property to DCA, or transfer of the whole freehold to DCA and leaseback of property which is not Qualifying Property to the Transferor Authority.
Wherever a new lease to DCA is to result it is proposed that, as a general rule:
it will be for a term of 999 years at the rent of a peppercorn (if demanded); and
its form and other terms will be based on those of the form of model lease attached to this consultation paper as Annex B, but with appropriate adaptation and variation to specific circumstances.
Do you have any observations to make on the terms of the attached lease?
Circumstances in which there may be a leaseback to a Transferor Authority are likely to be diverse and in many cases short-term interests will be appropriate; it is not therefore intended to propose an approach to forms or terms of lease for such circumstances at this stage of the consultation process; consideration may be given to this in due course.
5.2 Continuation of Existing Arrangements
Where there are other occupiers or users of Qualifying Property which transfers to DCA it is proposed that as a general rule the transfer will be subject to existing occupancy, on appropriate terms.
Where those other occupiers or users are themselves Transferor Authorities, and the use or occupation will otherwise be undocumented, then it is proposed that the PTS make appropriate provision to formalise it.
In other cases it may generally be appropriate to seek to formalise the basis of occupation by agreement, and where the other user or occupier is a Government Department this will usually take the form of a memorandum of terms of occupation (MOTO).
5.3 Other Rights and Provision
It is proposed to exercise the powers set out in paragraph 3 of Schedule 2 to the Act, in conjunction with the other available powers in the Act as required and appropriate, to enable effect to be given to the relevant purposes of the Act and its property transfer provisions.
Relevant situations, apart from the apportionment or division of property and grant of leases as discussed above, may include
property or facilities used for magistrates' court function but not transferring outright, or
where there is need for clarification or crystallisation of existing informal or uncertain situations, or
where a space or facility is informally shared with other users, or
where property to be retained by a Transferor Authority is used by Qualifying Property e.g. for access, support, parking and where on disposal it would be usual to make provision for rights and reservations.
5.4 Transfer Mechanics
It is proposed that as a general rule the PTS will make provision in general terms for the transfer of Qualifying Property and for appropriate division and apportionment and creation of rights to ensure that all appropriate property rights and liabilities transfer and vest, whether identified by name or not. It is also proposed that it should make provision in relation to each specific identified property.
As to this, the DCA proposes to offer Transferor Authorities an opportunity to try to reach consensus on what property and rights etc. will transfer and vest, and be created or reserved, and on what basis, and to record this in Memoranda of Agreement and leases or other appropriate documents.
A proposed standard template for a Memorandum of Agreement is attached to this consultation paper as Annex C.
Do you have any comments to make in relation to the wording of the proposed Memorandum of Agreement in Annex C?
The DCA recognises that in some cases, for whatever reason, consensus may not be achieved. As it is essential that as at the Appointed Day there be certainty as to the fact, effect and basis of transfer and vesting in every case, it is proposed that the PTS will in any event stipulate and impose what transfers and vests, and is created or reserved, and on what basis, in each case.
It is proposed that the DCA's powers of certification (see section 3.3 of this paper) will be used to clarify and confirm matters as may be appropriate.
5.5 Greater London Magistrates' Courts Authority (GLMCA)
Particular considerations apply to the GLMCA, which will cease to exist when section 6(1) of the Act is brought into force.
It is an MCC as well as a property-holding authority. All its property is Qualifying Property (see Para. 1 (1)(a) of Schedule 2 of the Act) and it is therefore proposed that as a general rule a PTS will transfer it to the DCA, as well as making any other appropriate provision.
The need for other appropriate provision consistent with the approaches discussed elsewhere in this paper might arise, for example, in cases of shared use, undocumented rights, and use by GLMCA courts of other property which is not vested in the GLMCA.
In these and other instances some of the same considerations as apply to other properties will apply to GLMCA properties with the same need to make analogous provision.
5.6 Certain Court-houses in Outer London and the City of London.
Paragraph 16 of Schedule 2 to the Act makes provision for any petty-sessional court-house or other accommodation specified in regulations made by DCA and being provided by the council of an outer London borough or the Common Council of the City of London to be provided to the DCA. It makes provision for DCA to make regulations accordingly and, among other things, prescribe applicable terms and conditions in relation to those properties.
6. Proposed Property Transfer Scheme Application to Some Recurring Situations
Certain general situations can be identified as likely to recur. Some examples are discussed below with a proposed general approach to each of them.
Neither the approaches nor the selection aims to be complete; rather, they are indicative or illustrative, for consultation. They should additionally be viewed, as may be relevant, in the light of the general considerations discussed in section 5 of this consultation paper.
Do you have any comments or suggestions to make in relation to the following proposed terms of property transfer?
6.1 Freehold or Leasehold - Whole Premises Used For Magistrates Court Purposes
Where premises are free-standing, self-contained and wholly Qualifying Property then it is proposed that as a general rule the PTS will transfer the Qualifying Property concerned to the DCA outright.
Where the premises adjoin or are near to other land in the ownership of the Transferor Authority, ancillary rights may need to be granted. The transfer may also need to be subject to reservations for the benefit of the premises retained by the Transferor Authority.
In some cases, for example where there is more than one building on a single site, appropriate distribution of any curtilage may be required.
6.2 Freehold or Leasehold Building Shared with Transferor authority
In some cases, a single building may consist of both Qualifying Property and other property and rights. In these cases the interests in the property may need to be divided.
Where the building and the interests in it are appropriate for division into Qualifying Property and other property, it is proposed that the PTS will, as a general rule, transfer to DCA outright the Qualifying Property, with associated ancillary rights, reservations and facilities (including curtilage).
Where, for example, a building is freehold and vertically divided physically as between Qualifying Property and other property of a Transferor Authority, it may well be that the freehold can be simply divided to correspond. DCA may consider what, if any, works and ancillary rights would be required to divide the building where this is a possibility.
In cases where simply transferring the Qualifying Property outright is not, for whatever reason, considered the appropriate way of dividing the building - examples might include some cases of leasehold, or horizontally-divided buildings, or those vertically-divided buildings where outright transfer is not considered appropriate - it is proposed that as a general rule the PTS create appropriate subsidiary leasehold or other interests with appropriate ancillary rights to divide the building and give effect to the transfer.
In some such cases it may be appropriate for the freehold or relevant superior interest to remain with the Transferor Authority subject to a new lease to the DCA. Here it is proposed that, as a general rule, the approach to new leases to the DCA described in section 5.1 of this consultation paper should apply. In other cases, it may be appropriate for the freehold or relevant superior interest in the whole building to transfer to DCA subject to a leaseback to the Transferor Authority in appropriate form and terms of a relevant part.
6.3 Freehold or Leasehold - Premises Shared With Other Court Users Only
In some cases a Crown Court and/or County Court shares accommodation, sites or premises with Qualifying Property including or consisting of a magistrates' court.
It is proposed that as a general rule the PTS will transfer the Qualifying Property to the DCA in accordance with the general approach discussed in this paper and that, subject to this, existing occupancies should remain in place on appropriate terms.
The DCA will be open to discussion of appropriate alternative arrangements to reflect the fact that from the Appointed Day all the court users of the premises will be under the control of a unified agency.
6.4 Premises In Which The Relevant or Paying Authority Has An Undocumented Basis of Occupation or a Licence or User or Other Right To Occupy For Magistrates' Court Functions
In some cases the authority responsible for provision of accommodation may not have more than a licence, or user rights or other rights not amounting to a freehold or formal completed lease in premises (or parts of premises) supporting a magistrates' court function.
In some cases this might be because there is a right or expectation for or to a lease or other formal interest which has yet to be granted. Appropriate enquiry will need to be made as to the relevant circumstances.
If the underlying property is Qualifying Property then it is proposed that the PTS transfer it outright to DCA as such and in accordance with the approaches discussed elsewhere in this paper, as well as any rights of occupation or other relevant arrangements relating to it and belonging to any Transferor Authority.
Where it is not a Qualifying Property, for whatever reason, but the underlying property nonetheless belongs to a Transferor Authority it is proposed that the PTS formalise the terms of occupation through appropriate division or apportionment or grant of rights.
In other cases it is proposed that the PTS transfer whatever licence or other user rights the Transferor Authority has.
6.5 PFI (Private Finance Initiative) / PDS (Private Developer Schemes) and Other Work in Progress
A small number of magistrates' courts is already operating in buildings provided under the PFI. A larger number is in the course of planning, procurement or construction.
It is acknowledged that these projects are likely to differ widely in terms, basis and approach and that at this stage it may not be appropriate to stipulate general provision for them.
Whilst it is proposed that a PTS will make provision as relevant and appropriate for these various schemes, they are intended at this stage to be the subject of individual consultation and consideration after gathering of information.
Elements of schemes may of course involve existing properties, and approaches discussed in this paper may be applicable. Additionally, particularly in relation to completed PFI schemes, they may also involve property and rights which are not related to land and buildings and which may therefore be outside the scope of this consultation paper.
6.6 Cases Where the Magistrates' Court Users Do Not Enjoy Exclusive Occupation
There are cases where, for example, areas used for the purposes of the magistrates' courts are time-shared by other users (perhaps a courtroom is also used by a Coroners' Court, or as a council chamber or vice versa), or where there is non-exclusive, simultaneous use of space.
As a general rule, it is proposed that the PTS will approach the transfer and deal with so much of such property as is Qualifying Property consistently with the approaches discussed elsewhere in this paper, making appropriate related provision for temporal and physical division, apportionment and sharing and /or creation and reservations of rights and interests.
6.7 Cells and Custody Locks
6.7.1 Cells
Cells and associated facilities owned by a Transferor Authority may as a whole amount to Qualifying Property, in which case it is proposed that the PTS will transfer them outright to DCA in accordance with the approaches discussed above.
There are cases where the use of the cells themselves is shared. Examples include:
Where a magistrates' court adjoins a police station, there may be cells which are shared between the Police Station and the magistrates' courts (sometimes known as a Bridewell).
Cases where cells in detached police stations are used for the purposes of holding prisoners due to appear at Court. Prisoners may be attending Court following detention at a police station or on transfer from the prison.
The fact that cells are shared does not mean that either the cells themselves or any associated facilities are not Qualifying Property. In any given case it is proposed to consider cells and associated facilities both separately and as a whole. So, for example, access tunnels which are dedicated to the magistrates' court function will commonly be Qualifying Property in any event; where they are it is proposed that as a general rule they will transfer to DCA accordingly.
Where cells themselves and/or associated facilities are not as a whole Qualifying Property, it is proposed that as a general rule the PTS will transfer outright to DCA any elements of Qualifying Property, and otherwise create appropriate rights, generally in accordance with the approaches discussed in this paper.
Where, for example, any cells are shared and not Qualifying Property which transfers outright, it is proposed to consider appropriate means of securing to DCA the continued use of them.
As a general rule it is proposed that the means should be the grant of a new lease to DCA of the relevant cell accommodation. The lease may also include appropriate provision for such use as may be reasonably necessary for police functions as long as this does not adversely affect the functioning of the magistrates' court.
It is proposed that as a general rule the approach to new leases to the DCA described in section 5.1 of this consultation paper should apply, but bearing the above considerations in mind.
6.7.2 Custody Locks
Custody locks, whether on local authority or police premises or titles, are usually facilities that are there, and have been provided, primarily for magistrates' court purposes.
They will usually be Qualifying Property and areas associated with them, such as access or manoeuvring areas, may be as well.
As a general rule, therefore, it is proposed that the PTS will transfer custody locks with appropriate associated Qualifying Property, facilities and rights such as access and turning areas, in accordance with the general approaches considered above.
6.8 Empty, Closed or Undeveloped Space, Buildings or Land
Examples of property in this category might include:
Empty space in an occupied building
Empty building/court not formally closed.
Empty building/court formally closed.
Occupied building prospectively closed.
Site or premises yet to be used.
Proceeds of sale, actual or prospective, allocated to magistrates' court use
Empty property may well be Qualifying Property or part of Qualifying Property and in such cases it is proposed that the PTS transfer it in accordance with the approaches discussed above, but individual review of circumstances will be needed to enable each case to be considered on its merits.
6.9 Shared Utilities Etc.
As well as heating and electricity these could include, for example, computer server rooms which may not be subject to any specific arrangements.
Where any arrangements amount to Qualifying Property it is proposed that, as a general rule, the PTS will transfer these in accordance with the approaches considered above.
Otherwise it is proposed that the approach will be for the PTS to grant a right for the DCA to continue to enjoy the facility concerned, impose a requirement for the Transferor Authority to continue to provide it, provide for the DCA to pay a fair proportion according to use of the reasonable and proper cost of providing the facility, and grant it appropriate ancillary rights including rights to enter to repair, inspect, and read meters etc.
We would welcome responses to the following questions set out in this consultation paper:
Do you have any comments to make in relation to the proposed general terms of property transfer, as set out in Sections 5 & 6?
Do you have any comments to make in relation to the terms of the proposed lease in Annex B?
Do you have any comments to make in relation to the wording of the proposed Memorandum of Agreement in Annex C?
Name:
Date:
Organisation:
Address:
If you are a representative of a group, please give a summary of the people and organisations you represent.
Please send your completed response by 11 August 2004 to:
Peter Gidman,
UCAP Estates Project Manager,
Department for Constitutional Affairs,
Room 4.35, 4th Floor,
Southside,
105 Victoria Street,
London SW1E 6QT
Tel: 020-7210 2026
Fax: 0870 739 4482
Email
[An Adobe Acrobat viewer is needed to view PDF documents, and this is freely downloadable from http://www.adobe.com].
Summary
This report summarises the responses to each question in the consultation paper. The paper also states, where appropriate, the conclusions that we have reached following the consultation on some key points and any amendments to policy.
Dr Fiona Whitfield
UCAP Estates Management Project
(Unified Courts Administration Programme)
Department for Constitutional Affairs,
Room 4.35, 4th Floor, Southside,
105 Victoria Street,
London SW1E 6QT
Tel: 0207 210 1549
Email: Dr
Fiona Whitfield
Some of these documents are scans and not accessible for screen reader software. If you have difficulty accessing or downloading these files please email us. The documents above are available in the Adobe Acrobat Portable Document Format (PDF). If you do not have Adobe Acrobat installed on your computer you can download the software free of charge from the Adobe website. Viewers with visual difficulties may find it useful to investigate services provided to improve the accessibility of Acrobat documents. For alternative ways to read PDF documents and further information on website accessibility visit the DCA's Help page.