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Statutory Instruments

2000 No. 1920 (C.48)

LEGAL PROFESSION, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

The Access to Justice Act 1999 (Commencement No. 4 and Transitional Provisions) Order 2000

Made

19th July 2000

The Lord Chancellor, in exercise of the powers conferred upon him by section 108(1) of, and paragraph 1(1) of Schedule 14 to, the Access to Justice Act 1999(1), makes the following Order:

Citation and interpretation

1.-(1) This Order may be cited as the Access to Justice Act 1999 (Commencement No. 4 and Transitional Provisions) Order 2000.

(2) In this Order, unless the context requires otherwise, references to a section, Part or Schedule by number alone mean the section, Part or Schedule so numbered in the Access to Justice Act 1999.

Commencement of provisions in Access to Justice Act 1999

2. The following provisions of Part III shall come into force on 31st July 2000:

(a)sections 37, 38 and 39 (rights of audience and rights to conduct litigation);

(b)section 44 (barristers and solicitors); and

(c)to the extent that it is not already in force, all of Part II of Schedule 15 (repeals and revocations), and, so far as it relates to those repeals, section 106.

3. The following provisions of Part V shall come into force on 31st August 2000:

(a)section 78 and Schedule 11 (unification and renaming of stipendiary bench);

(b)to the extent that it inserts sections 59B, 59C and 59D(4) and (5) into the Justices of the Peace Act 1997(2), section 83(2) (Greater London Magistrates' Courts Authority); and

(c)Part V(3) of Schedule 15 (repeals and revocations), and, so far as it relates to those repeals, section 106.

Transitional Provisions

4. Until the coming into force of section 77 the Second Schedule (Constitution of Youth Courts) to the Children and Young Persons Act 1933(3) shall have effect as if-

(a)the heading "Youth court panels" were deleted, and

(b)for the words "metropolitan stipendiary magistrate" in each place where they occur there were substitued the words "District Judge (Magistrates' Courts)".

Irvine of Lairg, C

Dated 19th July 2000

Explanatory Note

(This note is not part of the Order)

This Order brings into force, on 31st July 2000, sections 37, 38 and 39 of the Access to Justice Act 1999, relating to rights of audience and rights to conduct litigation, and section 44, relating to barristers and solicitors, together with associated repeals.

This Order also brings into force, on 31st August 2000, section 78 of, and Schedule 11 to, the Access to Justice Act 1999 together with associated repeals. These provisions relate to the unification and renaming of the stipendiary bench. The Order also brings into force on 31st August 2000 part of section 83(2) (Greater London Magistrates' Courts Authority).

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provision	Date of Commencement	S.I. No.
Sections 36, 40, 42, 46 and 49	27.9.1999	1999/2657
Section 43 and Schedule 6 (partially)
Section 48 and Schedule 7
Section 66 and Schedule 9
Section 67(2) (in certain areas only)
Section 83(1) (partially)
Section 83(3) and Schedule 12 (partially)
Sections 88 and 89
Section 105
Section 106 and Schedule 15 (partially)
Section 53	1.11.1999
Section 106 and Schedule 15 (partially)
Section 79	12.11.1999
Section 106 and Schedule 15 (partially)
Section 35	1.1.2000	1999/3344
Section 41 and Schedule 5
Section 43 and Schedule 6 (partially)
Section 71
Section 85
Section 106 and Schedule 15 (partially)
Section 83(1) (partially)	1.3.2000
Section 83(3) and Schedule 12 (partially)
Section 106 and Schedule 15 (partially)
Section 1 and Schedule 1	1.4.2000	2000/774
Sections 2 to 5
Section 6 and Schedule 2
Sections 7 to 11 and 19 to 23
Section 24 and Schedule 4 (partially)
Sections 25 and 26
Sections 27, 29 and 30
Section 106 and Schedule 15 (partially)

(1)

1999 c. 22.

(2)

1997 c. 25. Section 83(2) also inserts section 59A and the remainder of section 59D into the Justices of the Peace Act 1997.

(3)

1993 c. 12. The Second Schedule was substituted by the Children and Young Persons Act 1963 (c. 37), section 17(1) and Schedule 2 and amended by the Administration of Justice Act 1964 (c. 42), section 12(1), the Local Government Act 1972 (c. 70), section 272(1) and Schedule 30, the Local Government (Magistrates' Courts etc) Order 1985 (S.I. 1985/1383), article 8 and the Schedule, the Criminal Justice Act 1991 (c. 53), section 100 and Schedule 11, the Transfer of Functions (Magistrates' Courts and Family Law) Order 1992 (S.I. 1992/709), article 2(1)(c) and (3) and Schedule 1, the Justices of the Peace Act 1997 (c. 25), section 73(2) and Schedule 5 and the Crime and Disorder Act 1998 (c. 37), sections 48 and 120(2) and Schedule 10.