Made | 18th July 2004 | ||
Coming into force | 1st September 2004 |
Consequential amendments and repeals
3.
The enactments set out in the Schedule are amended and repealed as specified in that Schedule.
Christopher Leslie
Parliamentary Under Secretary of State Department for Constitutional Affairs
Dated 18th July 2004
(3) After subsection (6), insert -
Maintenance Orders (Reciprocal Enforcement) Act 1972
2.
- (1) Amend section 38A[4] of the Maintenance Orders (Reciprocal Enforcement) Act 1972[5] (rules of court) as follows.
(2) In subsection (1), for the words preceding "may make provision" substitute "Rules of court".
(3) In subsection (2), for "rules made under section 144 of the Magistrates' Courts Act 1980" substitute "rules of court".
(4) Omit subsection (3)[6].
(5) In the section heading, for "Magistrates' courts rules" substitute "Rules of court".
Greater London Council (General Powers) Act 1972
3.
In section 17(3)(a) of the Greater London Council (General Powers) Act 1972[7] (duty to give information in certain cases), for "rules made under section 15 of the Justices of the Peace Act 1949" substitute "Criminal Procedure Rules".
Adoption Act 1976
4.
Amend the Adoption Act 1976[8] as follows.
5.
In section 61[9] (evidence of agreement and consent), for "rules" (in both places) substitute "Family Procedure Rules".
6.
In section 62(2)(c)[10] (authorised county courts), for the words from "rules" onwards substitute "Family Procedure Rules".
7.
- (1) Amend section 65 (duties of officers of the Service) as follows.
(2) In subsection (1)[11], for "rules shall" substitute "Family Procedure Rules shall".
(3) In subsection (3)[12], for "Rules of court" substitute "Family Procedure Rules".
8.
- (1) Amend section 66 (rules of procedure) as follows.
(2) In subsection (1) -
(3) Omit subsection (2)[13].
(4) In each of subsections (3) and (4), for "rules" substitute "Family Procedure Rules".
(5) In subsection (5), for "Rules" substitute "Family Procedure Rules".
9.
In section 72(1)[14] (interpretation) -
Magistrates' Courts Act 1980
10.
Omit paragraphs 141 and 142 of Schedule 7 to the Magistrates' Courts Act 1980[15] (amendments of the Adoption Act 1976).
Supreme Court Act 1981
11.
Amend the Supreme Court Act 1981[16] as follows.
12.
In each of the following provisions, for "Crown Court Rules" substitute "Rules of court" -
13.
In section 77(1)[18] (committal for trial: date of trial), for "Crown Court Rules" substitute "Criminal Procedure Rules".
14.
In section 81(2) (bail), for "Crown Court Rules" substitute "rules of court".
15.
- (1) Amend section 84 (power to make rules of court) as follows.
(2) In subsection (1)[19] -
(3) In each of subsections (5) and (5A)[20] -
(4) In subsection (9)[21], after "Civil Procedure Rule Committee", insert ", the Family Procedure Rule Committee, the Criminal Procedure Rule Committee,".
16.
- (1) In section 86(1)[22] (Crown Court Rule Committee), omit -
17.
- (1) Amend section 87 (particular matters for which rules of court may provide) as follows.
(2) In subsection (3)[23] -
(3) In subsection (4), for "Criminal Appeal Rules" substitute "Criminal Procedure Rules".
(4) In subsection (5) -
18.
In section 151(4)[24] (interpretation), omit the definitions of "Criminal Appeal Rules" and "Crown Court Rules".
Local Government (Miscellaneous Provisions) Act 1982
19.
In section 16(6) of the Local Government (Miscellaneous Provisions) Act 1982[25] (provisions supplementary to ss 14 and 15), for "Crown Court Rules" substitute "Criminal Procedure Rules".
Matrimonial and Family Proceedings Act 1984
20.
Omit paragraph 20(a) of Schedule 1 to the Matrimonial and Family Proceedings Act 1984[26] (amendment of section 62 of the Adoption Act 1976).
Criminal Justice Act 1987
21.
Amend the Criminal Justice Act 1987[27] as follows.
22.
In section 6(6)[28] (applications for dismissal), for "Crown Court Rules" substitute "Criminal Procedure Rules".
23.
- (1) Amend section 9 (the preparatory hearing) as follows.
(2) In subsection (6)[29] -
(3) In subsection (9), for "Crown Court Rules" substitute "Criminal Procedure Rules".
Criminal Justice Act 1988
24.
Amend the Criminal Justice Act 1988[30] as follows.
25.
In section 31 (form of evidence and glossaries), for "Crown Court Rules" substitute "Criminal Procedure Rules".
26.
- (1) Amend section 32 (evidence through television links) as follows.
(2) In subsection (4) -
(3) Omit subsection (5)[31].
27.
- (1) Amend section 159 (crown court proceedings - orders restricting or preventing reports or restricting public access) as follows.
(2) In subsection (6), omit the words preceding "Rules of Court".
(3) For subsection (7)(b), substitute -
28.
In paragraph 4 of Schedule 2[32] (documentary evidence) -
Road Traffic Offenders Act 1988
29.
Amend the Road Traffic Offenders Act 1988[33] as follows.
30.
In section 12(1)(a) and (3)(a) (proof, in summary proceedings, of identity of driver of vehicle), for "rules made under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
31.
In section 13(4)(c) (admissibility of records as evidence), for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
Criminal Justice Act 1991
32.
Amend the Criminal Justice Act 1991[34] as follows.
33.
Omit section 55(5) (amendment of section 32 of the Criminal Justice Act 1988).
34.
In paragraph 5(8) of Schedule 6[35] (notices of transfer: procedure in lieu of committal), for "Crown Court Rules" substitute "Criminal Procedure Rules".
Crime and Disorder Act 1998
35.
Amend the Crime and Disorder Act 1998[36] as follows.
36.
- (1) Amend section 49 (powers of magistrates' courts exercisable by single justice etc.) as follows.
(2) For subsection (2) substitute -
(3) In subsection (3), for "Rules under that section" substitute "Criminal Procedure Rules".
(4) In subsection (4) -
37.
- (1) Amend Schedule 3 (procedure where persons are sent for trial under section 51) as follows.
(2) In paragraph 2(7), for "Crown Court Rules" substitute "Criminal Procedure Rules".
(3) In paragraph 4(12), in the definition of "prescribed", for "rules made under section 144 of the 1980 Act" substitute "Criminal Procedure Rules".
Access to Justice Act 1999
38.
Omit paragraph 2(7) of Schedule 3 to the Access to Justice Act 1999[37] (Criminal Defence Service: right to representation).
Powers of Criminal Courts (Sentencing) Act 2000
39.
Amend the Powers of Criminal Courts (Sentencing) Act 2000[38] as follows.
40.
- (1) Amend section 31 (rules of court) as follows.
(2) In subsection (1) -
(3) Omit subsection (2).
41.
In section 63(6) (supervision orders), for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
42.
In section 132(2) (compensation orders: appeals etc.), for "Rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
43.
In section 155(7) (alteration of Crown Court sentence), for "Crown Court Rules" substitute "Criminal Procedure Rules".
44.
In section 163[39] (general definitions), in the definition of "the register", for "rules under section 144 of the Magistrates' Courts Act 1980" substitute "Criminal Procedure Rules".
Criminal Justice Act 2003
45.
Amend the Criminal Justice Act 2003[40] as follows.
46.
- (1) Amend section 30 (further provision about new method of instituting proceedings) as follows.
(2) In subsection (1) -
(3) Omit subsection (3).
47.
- (1) Amend section 55 (Rules of court) as follows.
(2) In subsection (1) -
(3) In subsection (2), for "Rules of court" substitute "Criminal Procedure Rules".
(4) In subsection (4), for "rules of court" substitute "Criminal Procedure Rules".
48.
In section 56(1) (interpretation of Part 8), omit the definition of "rules of court".
49.
For section 111(7) (definitions) substitute -
50.
In section 127(7) (expert evidence: preparatory work) -
51.
For section 132(10) (definitions), substitute -
52.
In paragraph 5 of Schedule 6 (evidence of bad character: armed forces), for ", in subsection (7), the definition of" substitute "the expression".
53.
For paragraph 2(6) of Schedule 7 (hearsay evidence: armed forces), substitute -
Section 69 of the Courts Act 2003 confers power on the Criminal Procedure Rule Committee to make rules of court (to be known as "Criminal Procedure Rules") governing the practice and procedure to be followed in the criminal courts. The criminal courts are defined in section 68 of that Act as the criminal division of the Court of Appeal and (when dealing with any criminal cause or matter) the Crown Court and magistrates' courts.
Section 75 of the Courts Act 2003 confers power on the Family Procedure Rule Committee to make rules of court (to be known as "Family Procedure Rules") governing the practice and procedure to be followed in family proceedings in the High Court, county courts and magistrates' courts.
This Order makes consequential amendments and repeals to the rule-making powers in:
Administration of Justice (Miscellaneous Provisions) Act 1933, section 2(6)
Adoption Act 1976, section 66
Supreme Court Act 1981, section 84
This Order makes further minor consequential amendments and repeals.
This Order does not impose any new charges on businesses.
[3] 1933 c. 36; section 2(6) was partially repealed by the Courts Act 1971 (c. 23), Schedule 11, Part 4.back
[4] 1972 c. 18; section 38A was inserted by the Maintenance Orders (Reciprocal Enforcement) Act 1992 (c. 56), Schedule 1, Part 2, paragraph 18.back
[6] 1972 c. 18; section 38A(3)(b) was repealed by S.I. 1995/755 (N.I. 2), article 185(2) and Schedule 10.back
[8] 1976 c. 36; the whole Act (except Part 4 and Schedule 2, paragraph 6) is repealed by the Adoption and Children Act 2002 (c. 38), Schedule 5, with effect from a day to be appointed by the Secretary of State.back
[9] 1976 c. 36; section 61(1) was partially repealed by the Adoption (Intercountry Aspects) Act 1999 (c. 18), sections 15(2), 17 and Schedule 3.back
[10] 1976 c. 36; section 62(2)(c) was amended by the County Courts Act 1984 (c. 28), Schedule 2, Part 5, paragraph 58. It was further amended by the Matrimonial and Family Proceedings Act 1984 (c. 42), Schedule 1, paragraph 20(a), with effect from a day to be appointed by the Secretary of State.back
[11] 1976 c. 36; section 65(1) was amended by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part 2, paragraphs 51 and 52(a) and Schedule 8.back
[12] 1976 c. 36; section 65(3) was inserted by the Criminal Justice and Court Services Act 2000 (c. 43), Schedule 7, Part 2, paragraphs 51 and 52(c).back
[13] 1976 c. 36; section 66(2) was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 141.back
[14] 1976 c. 36; a relevant amendment was made to section 72(1) by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 142.back
[15] 1980 c. 43; paragraph 141 amended section 66(2) of the Adoption Act 1976 (c. 36) and paragraph 142 amended the definition of "rules" in section 72(1) of that Act.back
[17] 1981 c. 54; section 74(7) was partially repealed (with savings) by the Access to Justice Act 1999 (c. 22) Schedule 15, Part 5(4) and Schedule 14, paragraph 27.back
[18] 1981 c. 54; section 77(1) was amended by the Criminal Justice Act 1987 (c. 38) Schedule 2, paragraph 11. It is further amended (and partially repealed) by the Prosecution of Offences Act 1985 (c. 23), Schedule 1, Part 3, paragraph 11 and Schedule 2, from a day to be appointed.back
[19] 1981 c. 54; section 84(1) was amended by the Civil Procedure Act 1997 (c. 12) Schedule 2, paragraph 1(4)(a).back
[20] 1981 c. 54; section 84(5) was substituted by, and section 84(5A) was inserted by, the Civil Procedure Act 1997 (c. 12), Schedule 2, paragraph 1(4)(c).back
[21] 1981 c. 54; section 84(9) was amended by the Civil Procedure Act 1997 (c. 12) Schedule 2, paragraph 1(4)(d).back
[22] 1981 c. 54; section 86(1) was amended by the Courts and Legal Services Act 1990 (c. 41), Schedule 18, paragraph 36(2).back
[23] 1981 c. 54; section 87(3) was amended by the Civil Procedure Act 1997 (c. 12) Schedule 2, paragraph 1(6)(b).back
[24] 1981 c. 54; section 151(4) was amended by the Civil Procedure Act 1997 (c. 12), Schedule 2, paragraph 1(7)(b).back
[26] 1984 c. 42; paragraph 20(a) amended section 62(2)(c) of the Adoption Act 1976 (c. 36) from a date to be appointed by the Lord Chancellor.back
[28] 1987 c. 38; section 6 was substituted by the Criminal Justice Act 1988 (c. 33), section 144(5), and is repealed by the Criminal Justice Act 2003 (c. 44), Schedule 3, Part 2, paragraphs 58(1) and (2) and Schedule 37, Part 4, with effect from a day to be appointed by the Secretary of State.back
[29] 1987 c. 38; section 9(6) was amended by the Criminal Procedure and Investigations Act 1996 (c. 25), section 74(4) and (5).back
[31] 1988 c. 33; section 32(5) was amended by the Criminal Justice Act 1991 (c. 53), section 55(5).back
[32] 1988 c. 33; Schedule 2 is repealed by the Criminal Justice Act 2003 (c. 44), section 136(a) and Schedule 37, Part 6, with effect from a day to be appointed by the Secretary of State.back
[35] 1991 c. 53; Schedule 6 is repealed by the Criminal Justice Act 2003 (c. 44), Schedule 3, Part 2, paragraph 62(1) and (3) and Schedule 37, Part 4, with effect from a day to be appointed by the Secretary of State.back
[39] 2000 c. 6; a relevant amendment to section 163 was made by S.I. 2001/618, art 5(1) and (5).back