United Kingdom Statutory Instruments

    " (3) On receipt of such an application by the justices' chief executive - 


(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.".

The Maintenance Orders (Facilities for Enforcement) (Amendment) Rules 2000
     8. In rule 2 for "1992" substitute "1922".

The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950
     9. In rules 1(2) and (4) (in the first place where it occurs), 2(1), (3) (in the first place where it occurs) and (4), 3(3), 4(1) and (2) (in the first place where it occurs), 5(1) and (2) (in the first place where it occurs), 6, 7 (in the first place where it occurs), 9(3), 9B(2) (in each place where it occurs) and (3), 10(1) (in the first place where it occurs) and (2), 11(1), 12 (in the first place where it occurs), 12A, 13(2) and 15, and in Form 4 in the Schedule, for "clerk of" substitute "justices' chief executive for".

     10. In rule 9B(1) before "notify in writing" insert "the justices' chief executive shall".

     11. In rule 9B(3) - 

(a) for "the clerk shall" substitute "the justices' chief executive shall"; and

(b) for "where the clerk grants" substitute "where the clerk of the court grants".

     12. In rule 11(2), for "the clerk" substitute "the justices' chief executive".

     13. In rule 12 for "the clerk shall" substitute "the justices' chief executive shall".

     14. In rule 13(1) for "the clerk of that court" substitute "the justices chief executive for the court".

     15. In Forms 1 and 2 in the Schedule, for "Clerk [and Collecting Officer] of" substitute "Justices' Chief Executive and Collecting Officer for".

     16. In Form 4 in the Schedule, for "Justices' Clerk" substitute "Justices' Chief Executive".

The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959
     17. In rules 2(5)(a), 2A, 4, 4A, 5(1) (in both places where it occurs), (2) (in both places where it occurs) and (3) (in each place where it occurs), 5A(2) (in each place where it occurs) and (3), 7(1), (2), (3), (3A), (3B), (4) and (5), 8, 8A, 21(a) (in both places where it occurs), 22(1), (2), (5) and (6) and in the Schedule, in Form 8 (in each place where it occurs), Form 9 (in each place where it occurs) and Form 10, for "clerk of" substitute "justices' chief executive for".

     18. In rules 3(1) and (2) and 22(3) (in both places where it occurs) and in the Schedule, in Form 19, for "the clerk" substitute "the justices' chief executive".

     19. In rule 2(5)(a) for "signed by the clerk" substitute "signed by the justices' chief executive".

     20. In rule 5(2) for "clerk to" substitute "justices' chief executive for", for "through a clerk" substitute "through a justices' chief executive" and for "that other clerk" substitute "that other justices' chief executive".

     21. In rule 5(3) for "through a clerk" substitute "through a justices' chief executive" and for "that other clerk" substitute "that other justices' chief executive".

     22. In rule 5A(1) before "notify in writing" insert "the justices' chief executive shall".

     23. In rule 5A(3) for "the clerk shall" substitute "the justices' chief executive shall" and for "the clerk grants" substitute "the clerk of the court grants".

     24. In rule 21(B) or "the last-mentioned clerk" substitute "the last-mentioned justices' chief executive".

     25. In rule 22(3) for "receipt by the clerk" substitute "receipt by the justices' chief executive" and for "the clerk sends" substitute "the justices' chief executive sends".

     26. In the Schedule, in Forms 1, 2, 3, 7, 11, 12, 15, 16 (in both places where it occurs) and 19, for "Clerk of" substitute "Justices' Chief Executive for".

     27. In the Schedule, in Forms 1, 2, 3, 7, 8, 9 (in both places where it occurs) and 10, for "clerk of" substitute "justices' chief executive for".

     28. In the Schedule, in Forms 8, 9 and 10, for "Justices' Clerk" substitute "Justices' Chief Executive".

     29. In the Schedule, in Form 19, for "received by the Clerk" substitute "received by the Chief Executive".

The Magistrates' Courts (Backing of Warrants) Rules 1965
     30. In rules 3(2) and (3) and 4(1), for "clerk of" substitute "justices' chief executive for".

     31. In rule 5B - 

(a) for "clerk to the justices" substitute "justices' chief executive"; and

(b) for "the clerk shall forthwith send" substitute "the justices' chief executive shall forthwith send".

The Magistrates' Courts (Attachment of Earnings) Rules 1971
     32. In rule 6(1) and (3), 8, 9(2) (in each place where it occurs) and (3), 14(3), 15(7) and (9), 16(2), 17(1), 18(1), (2) and (3), 19(1), 21(1) and (2) and 24, for "clerk of" substitute "justices' chief executive for".

     33. In rules 14(3), 15(7) and 23(4), for "the clerk" substitute "the justices' chief executive".

     34. In the Schedule, in Forms 1 and 2, for "Clerk of", in the first and last places where it occurs, substitute "Justices' Chief Executive for".

     35. In the Schedule, in Form 4, for "Clerk of the Court" substitute "Justices' Chief Executive for the Court".

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974
     36. In each place where it occurs in rules 8(1) and (2), 9(1A) (including the proviso thereto), (2), 9A, 12(1) to (4), 13(1) and (3) and 14(1) and (2), for "justices' clerk" substitute "justices' chief executive".

     37. In rules 7(1)(c), 9(1) and 9B(2) (in each place where it occurs), for "clerk of" substitute "justices' chief executive for".

     38. In rule 2(1) - 

(a) for "his register" substitute "the court's register";

(b) for "justices' clerk" substitute "justices' chief executive"; and

(c) for "that clerk" substitute "the justices' chief executive".

     39. In rule 4A, for paragraph (3) substitute - 

    " (3) Where the justices chief executive receives such an application - 


(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment, and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed."

     40. In rule 4B, for paragraph (2) - 

    " (2) On receipt of the order and accompanying documents referred to in section 5(5), 7 or 9(6) of the Act - 


(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed; and

(b) the justices' chief executive shall serve a copy of the order and documents on the resident party, together with a notice stating the date, time and place so fixed.".

     41. For rule 7(2) substitute - 

" Where a justices' chief executive receives notification that the person on whose application the maintenance order was made wishes to adduce further evidence - 


(a) the justices' clerk shall fix a date for the hearing of such evidence; and

(b) the justices' chief executive shall send that person written notice of the date fixed.".

     42. In rule 8(1) and (2), for "his register" substitute "the court's register".

     43. In rule 9(1), for "that clerk" substitute "that justices' chief executive".

     44. In rule 9B - 

(a) in paragraph (1), insert "the justices' chief executive shall" before "notify"; and

(b) in paragraph (3) - 


(i) for "clerk of the court" substitute "justices' chief executive for the court";

(ii) for "the clerk shall notify" substitute "the justices' chief executive shall notify"; and

(iii) after "where the clerk" insert "of the court".

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975
     45. In each place where it occurs in rules 8(1), 9(2), 10(1A), (2) and (3), 12, 13(1) to (3) and 14(1) to (3), for "justices' clerk" substitute "justices' chief executive".

     46. In rules 6, 10(1), 10A(2) (in each place where it occurs) and 14(1), for "clerk of" substitute "justices' chief executive for".

     47. In rule 2 - 

(a) for "his register" substitute "the court's register";

(b) for "justices' clerk" substitute "justices' chief executive";

(c) for "that clerk" substitute "the justices' chief executive".

     48. For rule 4A(2) substitute the following new paragraph - 

    " (2) Where the justices' chief executive receives such an application - 


(a) the justices clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.".

     49. In rule 8(1), for "his register" substitute "the court's register".

     50. In rule 10(1), for "that clerk" substitute "that justices' chief executive".

     51. In the Schedule, in Parts I and II - 

(a) for "J.C." substitute "J.C.E."; and

(b) for "Justices' Clerk" substitute "Justices' Chief Executive".

The Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975
     52. In rules 4, 5(2), 5A, 6(1) and (2), 7(1) and (2), 8(1) and 10(1), for "justices' clerk" substitute "justices' chief executive".

     53. In rule 2(1) - 

(a) for "his register" substitute "the court's register";

(b) for "justices' clerk" substitute "justices' chief executive"; and

(c) for "that clerk" substitute "the justices' chief executive".

     54. For rule 3A(1) substitute - 

    " (1) Where the justices' chief executive receives an application for the recovery of maintenance in England and Wales sent from the Lord Chancellor to a magistrates' court under section 27B of the Act - 


(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment, allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed; and

(b) the justices' chief executive shall serve copies of the application and any accompanying documents, together with a notice stating the date, time and place so fixed, on the respondent."

     55. In rules 5(1) and (2), for "his register" substitute "the court's register".

     56. In rules 7(1) and 7A(2) (in both places where it occurs) and (3), for "clerk of" substitute "justices' chief executive for".

     57. In rule 7A(1) before "notify in writing" insert "the justices' chief executive shall".

     58. In rule 7A(3) - 

(a) for "the clerk shall" substitute "the justices chief executive shall"; and

(b) after "where the clerk" insert "of the court".

     59. For rule 7B(3) substitute - 

    " (3) Where the justices' chief executive receives an application, either filed in accordance with paragraph (2) or sent from the Lord Chancellor under section 34(3) of the Act - 


(a) justices clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief Executive shall notify the applicant of the date, time and place so fixed.".

     60. In the Form in the Schedule - 

(a) for "J.C." substitute "J.C.E."; and

(b) for "Justices' Clerk" insert "Justices Chief Executive".

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980
     61. In rules 6, 8(1), 8B(2) (in each place where it occurs) and (3) and 12(1), for "clerk of" substitute "justices' chief executive for".

     62. In rules 5(1) and (3), 7(2), 8(1A) and (2), 8A, 10(1) and (2), 11, 12(1) (in both places where it occurs) and (2) (in both places where it occurs), for "justices' clerk" substitute "justices' chief executive".

     63. In rule 2 - 

(a) for "his register" substitute "the court's register";

(b) for "justices' clerk" substitute "a justices chief executive"; and

(c) for "that clerk" substitute "the justices' chief executive".

     64. In rule 4A(3) substitute - 

    " (3) Where the justices' chief executive receives such an application - 


(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.".

     65. In rule 5(1), for "his register" substitute "the court's register".

     66. In rule 8(1), for "that clerk" substitute "that justices' chief executive".

     67. In rule 8B(1) before "notify in writing" insert "the justices' chief executive shall".

     68. In rule 8B(3) - 

(a) for the second reference to "the clerk", substitute "the justices' chief executive"; and

(b) for the third reference to "the clerk", substitute "the clerk of the court".

     69. In Parts I and II of Schedule 2 - 

(a) for "J.C." substitute "J.C.E.";

(b) for "Clerk of the Court" substitute "Justices' Chief Executive"; and

(c) for "Justices' Clerk" substitute "Justices' Chief Executive".

The Magistrates' Courts (Forms) Rules 1981
     70. In Schedule 2 - 

(a) in Form 13, in the Note, after "clerk of the court" insert "justices' chief executive for the court";

(b) in Forms 20, 46 (in each place where it occurs), 47 (in each place where it occurs), 59, 61 (in each place where it occurs), 53A, 53B, 62, 88, 133 (in each place where it occurs), 146, 153A, 153B, 158 and 159 (in each place where it occurs), for "Justices' Clerk" substitute "Justices' Chief Executive";

(c) in Forms 21, 28, 48, 60, 63, 97, 114, 122, 123, 124, 125, 126, 127, 128, 131, 132 and 154, for "Clerk of" substitute "Justices' Chief Executive for";

(d) in Forms 25 and 53B, for "Clerk to", in each place where it occurs, substitute "Chief Executive to", and in Form 53B for "CLERK TO", in both places where it occurs, substitute "CHIEF EXECUTIVE TO";

(e) in Form 27 - 


(i) for "the Clerk of the Court" substitute "the Justices Chief Executive for the Court";

(ii) for "the Clerk", in each other place where it occurs, substitute "the Justices' Chief Executive"; and

(iii) for "the clerk" substitute "the justices' chief executive";



(f) in Form 59, for "clerk of" substitute "justices' chief executive for";

(g) in Forms 59 and 60, for "the clerk making the order" substitute "the justices' chief executive making the order";

(h) in Form 63, for "clerk of" substitute "justices' chief executive for"; and

(i) in Forms 109, 118, 119, 120 and 129, below "Clerk of the Court" insert "Justices' Chief Executive for the Court", and, in Form 148, after "Clerk of the Court" insert "/Justices' Chief Executive for the Court".

The Magistrates' Courts (Adoption) Rules 1984
     71. In rules 4(4), 5(5), 7(1), (3) and (4), 14, 15(4), 19(1), (3) and (4), 21(2), 22(4), 27(4) (in both places where it occurs), (5) and (10), 28(2) and (3) and 31(2), (3), (4), (5) and (7), for "justices' clerk" substitute "justices' chief executive".

     72. In rule 16 after "on receipt" insert "by the justices' chief executive".

     73. In rule 28(1), for "clerk to the justices" substitute "justices' chief executive".

     74. In rules 9(1) and 21(1), before "shall serve notice", and in rule 12(3), before "shall send to him a copy of the application", insert "the justices' chief executive".

     75. In Forms 3 and 8 in Schedule 1, for "Justices' Clerk" substitute "Justices' Chief Executive" and for "Clerk to the Justices" substitute "Chief Executive to the Justices".

The Magistrates' Courts (Discontinuance of Proceedings) Rules 1986
     76. In rule 6, for "clerk of" substitute "justices' chief executive for".

The Magistrates' Courts (Child Abduction and Custody) Rules 1986
     77. In rule 8(1), (3) and (4), for "justices' clerk" substitute "justices' chief executive".

The Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986
     78. In rules 4(1) to (4) (including the proviso thereto) and (5) to (7), 6(1A), (2) and (3), 7, 8(1) (including the proviso thereto) (in each place where it occurs), (2) and (3) (in both places where it occurs), 9, 10(2)(b), (3), (4) and (6) (in the first place where it occurs), 11(2)(b), (3)(a) and (b), (4) and (5) (in the first place where it occurs), 12(1) and (3) to (5) (in both places where it occurs), for "justices' clerk" substitute "justices' chief executive".

     79. In each place where it occurs in rules 6(1) and 6A(2), for "clerk of" substitute "justices' chief executive for".

     80. In rule 2 - 

(a) for "his register" substitute "the court's register";

(b) for "justices' clerk" substitute "justices' chief executive"; and

(c) for "that clerk" substitute "the justices chief executive".

     81. In rule 4(1), for "his register" substitute "the court's register".

     82. In rules 6(1) and 11(2), for "that clerk" substitute "that justices' chief executive", and in rule 10(2)(c) for "the clerk" substitute "the justices' chief executive".

     83. In rule 6A(1), before "notify in writing" insert "the justices' chief executive shall".

The Magistrates' Courts (Family Law Act 1986) Rules 1988
     84. In rules 2(2), 3(3), (4) and (6), 4(1) to (5) and 6(1), for "clerk of" substitute "justices' chief executive for".

     85. In the Schedule in Forms 1 and 2, for "Justices' Clerk", in each place where it occurs, substitute "Justices' Chief Executive".

The Magistrates' Courts (Notices of Transfer) Rules 1988
     86. In rules 3(1) and (2), 4, 5(1) and (2) and 7, for "clerk of" substitute "justices' chief executive for".

     87. In the Schedule - 

(a) in Form 2, for "Justices' Clerk" substitute "Justices' Chief Executive"; and

(b) in Form 3, for "Clerk of" substitute "Justices' Chief Executive for".

The Magistrates' Courts (Extradition) Rules 1989
     88. In rule 4 - 

(a) in paragraph (1), for "clerk" substitute "justices' chief executive"; and

(b) in paragraph (4) - 


(i) for "clerk of" substitute "justices' chief executive for"; and

(ii) for "the clerk shall" substitute "the justices' chief executive shall".

The Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990
     89. For rule 3 substitute - 

     " 3. Where a clerk amends an order made under section 24(4) in accordance with rule 2 of these Rules - 


(a) he shall make a written record of the fact that, the circumstances in which and the date on which, he has done so, and shall keep it with the register kept under rule 66 of the Magistrates' Courts Rules 1981; and

(b) the justices' chief executive shall send a copy of the amended order, as soon as practicable, to the Secretary of State, the liable parent and the dependent parent."

     90. In rule 4, for "clerk of" substitute "justices' chief executive for".

The Magistrates' Courts (Criminal Justice (International Co-operation)) Rules 1991
     91. In rule 5, for "justices' clerk of" substitute "justices' chief executive for".

     92. In rules 3, 7 and 9(1) and (4), for "justices' clerk" substitute "justices' chief executive".

The Family Proceedings Courts (Children Act 1989) Rules 1991
     93. In rules 1(2) (in the definition of "file"), 3(2)(a), 4(1)(b) and (4)(i) (in the first place where it occurs), 5(4)(a), 6(1) (in both places where it occurs) and (2), 7(3)(a) and (b), 8(3)(c), 10(5) and (6), 13(1) (in the last place where it occurs), (2) and (3)(a), 14(4) and (8)(a), 15(3), 19(2)(a) and (3), 21G(1) and (2), 21H(2) and (3), 21J(3) and (5), 23(2), 25(1)(ii), 26, 27(3) and (4) and 30(2), for "justices' clerk" substitute "justices chief executive".

     94. In rule 1(2) before the definition of "justices' clerk" insert the following definition

(i) the Maintenance Orders (Facilities for Enforcement) Rules 1922 and the Maintenance Orders (Facilities for Enforcement) (Amendment) Rules 2000;

(ii) the Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950;

(iii) the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959;

(iv) the Magistrates' Courts (Backing of Warrants) Rules 1965;

(v) the Magistrates' Courts (Attachment of Earnings) Rules 1971;

(vi) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974;

(vii) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975;

(viii) the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975;

(ix) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980;

(x) the Magistrates' Courts (Forms) Rules 1981;

(xi) the Magistrates' Courts (Adoption) Rules 1984;

(xii) the Magistrates' Courts (Discontinuance of Proceedings) Rules 1986;

(xiii) the Magistrates' Courts (Child Abduction and Custody) Rules 1986;

(xiv) the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986;

(xv) the Magistrates' Courts (Family Law Act 1986) Rules 1988;

(xvi) the Magistrates' Courts (Notices of Transfer) Rules 1988;

(xvii) the Magistrates' Courts (Extradition) Rules 1989;

(xviii) the Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990;

(xix) the Magistrates' Courts (Criminal Justice (International Co-operation)) Rules 1991;

(xx) the Family Proceedings Courts (Children Act 1989) Rules 1991;

(xxi) the Family Proceedings Courts (Constitution) Rules 1991;

(xxii) the Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991;

(xxiii) the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991;

(xxiv) the Magistrates' Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991;

(xxv) the Magistrates' Courts (Attendance Centre) Rules 1992;

(xxvi) the Magistrates' Courts (Notice of Transfer) (Children's Evidence) Rules 1992;

(xxvii) the Magistrates' Courts (Children and Young Persons) Rules 1992;

(xxviii) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993;

(xxix) the Family Proceedings Courts (Child Support Act 1991) Rules 1993;

(xxx) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997;

(xxxi) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997;

(xxxii) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997;

(xxxiii) the Magistrates' Courts (Sex Offender and Anti-social Behaviour Orders) Rules 1998; and

(xxxiv) the Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999.

The amendments transfer the administrative functions of justices' clerks under those Rules to justices' chief executives in line with sections 90 (transfer of clerks' functions to chief executives) and 91 (accounting etc. functions of chief executives) of, and Schedule 13 to, the Access to Justice Act 1999 (c. 22) which implement corresponding transfers in primary legislation.

Subsection (5) of section 90 provides that, for the purposes of that section, the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning of section 48(2) of the Justices of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.