The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2012

Statutory Instruments

2012 No. 1275 (L. 4)

Magistrates’ Courts, England And Wales

The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2012

Made

13th May 2012

Laid before Parliament

17th May 2012

Coming into force

2nd July 2012

The Lord Chief Justice makes the following Rules under section 144 of the Magistrates’ Courts Act 1980(1), after consulting in accordance with that section.

Citation and commencement

1.  These Rules may be cited as The Magistrates’ Courts (Detention and Forfeiture of Cash) (Amendment) Rules 2012 and shall come into force on 2nd July 2012.

Amendment to the Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002

2.  In rule 9 (Notice) of The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002(2), after ‘Rules’, in the second place it occurs, add ‘, and, if so given or sent, shall be deemed to have been received by that person unless the contrary is shown’.

Lord Judge, C.J.

I concur.

Kenneth Clarke

Lord Chancellor

13th May 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend The Magistrates’ Courts (Detention and Forfeiture of Cash) Rules 2002 to allow for effective service of documents to be assumed unless the contrary is shown.

These Rules come into force on 2nd July 2012.

(1)

1980 c. 43; section 144 was amended by section 125 of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 (c. 41), paragraphs 26 and 29 of Schedule 11 to the Access to Justice Act 1999 (c. 22), paragraph 245 of Schedule 8, and Schedule 10, to the Courts Act 2003 (c. 39), sections 15 and 59 of, and paragraphs 99 and 102 of Schedule 4 and paragraph 4 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and paragraphs 42 and 43 of Schedule 21 to the Legal Services Act 2007 (c. 29).

(2)

S. I. 2002/2998.