The Magistrates' Courts (Civilian Enforcement Officers) Rules 2001

Statutory Instruments

2001 No. 164 (L.1)

MAGISTRATES' COURTS, ENGLAND AND WALES

The Magistrates' Courts (Civilian Enforcement Officers) Rules 2001

Made

24th January 2001

Laid before Parliament

26th January 2001

Coming into force

19th February 2001

The Lord Chancellor, in exercise of the powers conferred upon him by sections 125A(2) and 144 of the Magistrates' Courts Act 1980(1), as extended by section 145 of that Act, and after consultation with the rule committee constituted by section 144 of that Act, makes the following Rules:

Citation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Civilian Enforcement Officers) Rules 2001 and shall come into force on 19th February 2001.

Amendments to the Magistrates' Courts (Civilian Fine Enforcement Officers) (No. 2) Rules 1990

2.  The Magistrates' Courts (Civilian Fine Enforcement Officers) (No. 2) Rules 1990(2) shall be re-named as the Magistrates' Courts (Civilian Enforcement Officers) Rules 1990.

3.—(1) Rule 3(1) of the Magistrates' Courts (Civilian Enforcement Officers) Rules 1990 shall be amended in accordance with the following paragraphs of this rule.

(2) For “125” there shall be substituted “125A”.

(3) The words from “and subsection (2)(a)” to “conviction)” shall be omitted.

(4) In sub-paragraph (b), for “within the area for which the authority in question performs its functions” there shall be substituted “throughout England and Wales”.

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 24th January 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts (Civilian Fine Enforcement Officers) (No. 2) Rules 1990 following the enactment of section 125A of the Magistrates' Courts Act 1980, as inserted by section 92 of the Access to Justice Act 1999(3). They re-name those rules as the Magistrates' Courts (Civilian Enforcement Officers) Rules 1990 and permit a civilian enforcement officer within the meaning of that section to execute a warrant anywhere within England and Wales.

(1)

1980 c. 43. Section 125A was inserted by section 92 of the Access to Justice Act 1999 (c. 22).

(2)

S.I. 1990/2260.

(3)

1999 c. 22.