Made | 5th April 2004 | ||
Laid before Parliament | 5th April 2004 | ||
Coming into force | 26th April 2004 |
Notice required to be given by section 3(4)(b) and translations
3.
- (1) The notice which by virtue of section 3(4)(b) of the Act (general requirements for service of process) must accompany any process served outside the United Kingdom must give the information specified in paragraphs (2) and (4) below.
(2) The notice must -
(3) The relevant authority where the process is served -
(4) The particulars referred to in paragraph (2) are -
(5) The justices' clerk must send, together with any process served outside the United Kingdom -
Proof of service outside the United Kingdom pursuant to section 4(1)
4.
A statement in a certificate given by or on behalf of the Secretary of State -
shall be admissible as evidence of any facts so stated.
Supply of copy of notice of request for assistance under section 7(1)
5.
Where a request for assistance under section 7 of the Act is made by a justice of the peace and is sent in accordance with section 8(1) of the Act, the justices' clerk for that justice shall send a copy of the letter of request to the Secretary of State as soon as practicable after the request has been made.
Persons entitled to appear and take part in proceedings under Schedule 1 and exclusion of public
6.
Where the court nominated under section 15(1) of the Act (nominating a court to receive evidence) is a magistrates' court, the court may -
Record of proceedings before a nominated court under Schedule 1
7.
- (1) This rule applies where the court nominated under section 15(1) of the Act is a magistrates' court.
(2) The justices' clerk shall enter in the overseas record -
(3) When the court gives the evidence received by it under paragraph 6(1) of Schedule 1 to the Act to the court or authority that made the request or to the territorial authority for forwarding to the court or authority that made the request, the justices' clerk shall send to the court, authority or territorial authority (as the case may be) a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.
Interpreter for the purposes of Parts 1 and 2 of Schedule 2
8.
- (1) This rule applies where the court nominated under section 30(3) (hearing witnesses in the UK through television links) or section 31(4) (hearing witnesses in the UK by telephone) of the Act is a magistrates' court.
(2) Where it appears to the justices' clerk that the witness to be heard in the proceedings under Part 1 or 2 of Schedule 2 to the Act ("the relevant proceedings") is likely to give evidence in a language other than English, he shall make arrangements for an interpreter to be present at the proceedings to translate what is said into English.
(3) Where it appears to the justices' clerk that the witness to be heard in the relevant proceedings is likely to give evidence in a language other than that in which the proceedings of the court referred to in section 30(1) or, as the case may be, 31(1) of the Act ("the external court") will be conducted, he shall make arrangements for an interpreter to be present at the relevant proceedings to translate what is said into the language in which the proceedings of the external court will be conducted.
(4) Where the evidence in the relevant proceedings is either given in a language other than English or is not translated into English by an interpreter, the magistrates' court shall adjourn the proceedings until such time as an interpreter can be present to provide a translation into English.
(5) Where a magistrates' court in Wales understands Welsh -
Record of the hearing before a nominated court under Part 1 of Schedule 2
9.
- (1) This rule applies where the court nominated under section 30(3) of the Act is a magistrates' court.
(2) The justices' clerk shall enter in the overseas records -
(3) As soon as practicable after the proceedings under Part 1 of Schedule 2 to the Act took place, the justices' clerk shall send to the external authority that made the request a copy of an extract of so much of the overseas record as relates to the proceedings in respect of that request.
Record of the hearing before a nominated court under Part 2 of Schedule 2
10.
- (1) This rule applies where the court nominated under section 31(4) of the Act is a magistrates' court.
(2) The justices' clerk shall enter in the overseas records -
Overseas record
11.
- (1) That part of the register (within the meaning of section 150(1) of the Magistrates' Courts Act 1980) which constitutes the overseas record shall be kept in a separate book.
(2) The overseas record shall not be open to inspection by any person except -
Falconer of Thoroton, C.
Dated 5th April 2004
[2] 2003 c. 32; section 49 is supplemented by section 3(4)(b) of, and paragraph 4 of Schedule 1, and paragraphs 8, 10 and 17 of Schedule 2 to, the 2003 Act.back
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