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2003 No. 3345 (C. 133)

SUPREME COURT OF ENGLAND AND WALES

SUPREME COURT OF NORTHERN IRELAND

COUNTY COURTS, ENGLAND AND WALES

COUNTY COURTS, NORTHERN IRELAND

MAGISTRATES' COURTS, ENGLAND AND WALES

The Courts Act 2003 (Commencement No. 1) Order 2003

  Made 17th December 2003 

The Lord Chancellor, in exercise of the powers conferred upon him by section 110 of the Courts Act 2003[1], makes the following Order:

Citation and interpretation
     1.  - (1) This Order may be cited as the Courts Act 2003 (Commencement No. 1) Order 2003.

    (2) In this Order a reference to a Part, section or Schedule by number alone means, unless the context otherwise requires, the Part, section or Schedule so numbered in the Courts Act 2003.

Commencement of provisions of the Courts Act 2003
     2. The following provisions of the Courts Act 2003 come into force on 26 January 2004 - 

    (a) in Part 6 - 

      (i) section 62 (Head and Deputy Head of Civil Justice);

      (ii) section 63 (Ordinary judges of the Court of Appeal);

      (iii) section 64 (Power to alter judicial titles);

      (iv) section 66 (Judges having powers of District Judges (Magistrates' Courts)), other than paragraph (b) of subsection (1), and subsection (4); and

      (v) section 67 (Removal of restriction on Circuit judges sitting on certain appeals);

    (b) in Part 7 - 

      (i) section 68 (Meaning of "criminal court");

      (ii) section 70 (Criminal Procedure Rule Committee);

      (iii) section 71 (Power to change certain requirements relating to Committee);

      (iv) section 74 (Practice directions as to practice and procedure of the criminal courts);

      (v) section 77 (Family Procedure Rule Committee);

      (vi) section 78 (Power to change certain requirements relating to Committee);

      (vii) section 81 (Practice directions relating to family proceedings);

      (viii) section 83 (Civil Procedure Rule Committee); and

      (ix) section 84 (Power to change certain requirements relating to Committee); and

    (c) in Part 8 - 

      (i) section 98 (Register of judgments and orders etc.), other than paragraphs (a), (b), (c), and (d) of subsection (1), and paragraphs (a) and (b) of subsection (3);

      (ii) section 102 (Power to alter judicial titles: Northern Ireland);

      (iii) in Schedule 10, the repeals of section 56A of the Supreme Court Act 1981[      2] and section 52(8) of the Criminal Justice and Public Order Act 1994[3]; and

      (iv) section 109(3) to the extent necessary for those repeals.



Signed by authority of the Lord Chancellor


Christopher Leslie
Parliamentary Under Secretary of State, Department for Constitutional Affairs

17th December 2003


EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the first Commencement Order made under the Courts Act 2003 and brings into force various provisions on 26 January 2004 relating to - 

JUDGES (PART 6)
Head and Deputy Head of Civil Justice (section 62); Ordinary Judges of the Court of Appeal (section 63); Power to alter judicial titles (section 64); Judges having powers of District Judges (Magistrates' Courts) (section 66 - in part) and Removal of restriction on Circuit Judges sitting on certain appeals (section 67).

PROCEDURE RULES AND PRACTICE DIRECTIONS (PART 7)
Criminal Procedure Rules and practice directions - Meaning of "criminal court" (section 68); Criminal Procedure Rule Committee (section 70); Power to change certain requirements relating to Committee (section 71) and Practice directions as to practice and procedure of the criminal courts (section 74).

Family Procedure Rules and practice directions - Family Procedure Rule Committee (section 77); Power to change certain requirements relating to Committee (section 78) and Practice directions relating to family proceedings (section 81).

Civil Procedure Rules - Civil Procedure Rule Committee (section 83) and Power to change certain requirements relating to Committee (section 84).

MISCELLANEOUS (PART 8)
Register of judgments and orders etc. (section 98 - in part) and Power to alter judicial titles: Northern Ireland (section 102).

Notes:

 [1] 2003 c. 39.back

[2] 1981 c. 54. Section 56A was inserted by section 52(8) of the Criminal Justice and Public Order Act 1994 (c. 33).back

[3] 1994 c. 33.back


ISBN 0 11 048406 1


  Prepared 8 January 2004

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