Key Facts

• Amendment 59 allows a person to choose to participate in a hearing by non-electronic means.
• Amendment 90 ensures that the Online Procedure Rules must allow participation by non-electronic means if a physical or mental health assessment confirms it is necessary.
• Clause 18(6) and (7) provide provisions for opting out of electronic participation in certain circumstances.
• The Bill allows individuals to request a physical or in-person hearing if represented.
• HMCTS provides support over the phone and face-to-face for those who might require it.
• A national contract has been awarded to deliver support across civil, family, and tribunal jurisdictions.
• Support services include local-centre support at more than 300 sites, over-the-phone support, remote video appointments, and in-home face-to-face support.
• During the initial part of the pandemic, 90% of court and tribunal hearings used remote technology.
• A virtual region of fee-paid judges has been established to hear cases anywhere within the jurisdiction online.
• The proposals stem from Lord Briggs’s review in 2016 recommending an online court with a new rule committee.
• Clause 19 enables regulations by the Lord Chancellor regarding specified proceedings for online procedures.
• Clause 20 allows provision for circumstances where a party may choose whether to use an online procedure or alternative civil/family court procedure.
• Regulations require concurrence from the Lord Chief Justice and, for tribunals, the Senior President of Tribunals.
• Amendment 60 requires the Lord Chief Justice to appoint an authorised court and tribunal staff member.
• Amendment 61 expands OPRC membership to include two IT experts.
• Amendment 29 mandates a person with experience in Scottish legal system appointed by the Lord President of the Court of Session.
• Amendment 62 includes someone representing digitally excluded people's views.
• Amendment 91 requires appointment of a person with expertise in accessible service design.
• Amendment 64 demands consideration of ethnic and gender balance when making OPRC appointments.
• Clause 21 sets out the membership of the online procedure rule committee with six members.
• Three judicial appointments are made by the Lord Chief Justice and three by the Lord Chancellor.
• Richard Leiper's evidence highlights concerns about the limited scope of experience in the current composition.
• Amendment 60 proposes adding an authorised courts and tribunals staff member to the OPRC.
• Amendment 61 suggests including two IT experts instead of one.
• Amendment 62 aims to include someone with expertise representing digitally excluded people.
• Amendment 91 would require appointing a person with experience in accessible service design.
• Amendment 64 proposes considering ethnic and gender balance in appointments.
• Amendments relate to membership and appointments of the new online procedure rule committee.
• The committee consists of six members: three judicial and three non-judicial members.
• Amendment 63 proposes consultation with the Lord Chancellor and agreement from the Senior President for staff member appointments.
• Amendment 92 aims to make regulations under clause 23 subject to the affirmative resolution procedure.
• Amendment 65 would make the Lord Chancellor’s power to require rules from the Online Procedure Rules Committee subject to concurrence requirement.
• Amendments include changes to clauses 24, 25, 26, and 30 for similar procedural requirements.
• Clause 25 allows the Lord Chancellor to require Online Procedure Rules to be made.
• Clause 26 grants broad powers for the Lord Chancellor to amend or repeal enactments to facilitate online procedures.
• Clauses 19 and 20 are subject to concurrence requirements with the Lord Chief Justice or Senior President of Tribunals.
• The amendments relate to changing membership of rule committees and consultation procedures.
• Regulations must be agreed by Lord Chief Justice and Senior President of Tribunals before being laid before Parliament.
• Clause 26 provides for consequential or minor amendments to legislation to facilitate online procedure rules.
• Clause 27 of the Judicial Review and Courts Bill includes a duty to make support available for individuals who require it.
• The clause aims to provide assistance to people using online procedures, ensuring they have the necessary resources and guidance.
• Clause 29 and Schedule 4 are being discussed together.
• Schedule 4 amends existing legislation to provide clarity regarding which set of rules apply to specific cases.
• The Lord Chancellor must obtain agreement from the Lord Chief Justice and Senior President of Tribunals for certain regulations.