The Magistrates' Courts (International Criminal Court) (Forms) Rules 2001

Statutory Instruments

2001 No. 2600 (L. 27)

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (International Criminal Court) (Forms) Rules 2001

Made

17th July 2001

Laid before Parliament

19th July 2001

Coming into force

1st September 2001

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980(1), after consultation with the Rule Committee appointed under that section, makes the following Rules:

1.  These Rules may be cited as the Magistrates' Courts (International Criminal Court) (Forms) Rules 2001 and shall come into force on 1st September 2001.

2.  In these Rules:

“the Act” means the International Criminal Court Act 2001(2);

“competent court” has the same meaning as it has in the Act; and

“the International Criminal Court” means the International Criminal Court established by the Statute of the International Criminal Court, done at Rome on 17th July 1998.

3.  The provisions of the Magistrates' Courts Rules 1981(3) shall have effect subject to the provisions of these Rules.

4.  Consent to surrender given under section 7 of the Act (consent to surrender) must be in writing in form 1 set out in the Schedule to these Rules or a form to the like effect.

5.  Waiver given under section 13 of the Act (waiver of the right to review) must be in writing in form 2 set out in the Schedule to these Rules or a form to the like effect.

Signed by authority of the Lord Chancellor

Michael Wills

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 17th July 2001

Rules 4 and 5

SCHEDULE FORMS

Form 1. Notice of consent to surrender (International Criminal Court Act 2001, section 7).

Form 2. Notice of waiver of the right to review (International Criminal Court Act 2001, section 13).

Explanatory Note

(This note is not part of the Rules)

These Rules prescribe forms in relation to delivery proceedings under the International Criminal Court Act 2001. Rule 4 prescribes the form in which consent to surrender is to be given under section 7 of the 2001 Act and rule 5 prescribes the form in which waiver of the right to review is to be made under section 13 of the 2001 Act. These forms are respectively Forms 1 and 2 set out in the Schedule to the Rules.

(1)

1980 c. 43; section 144 is extended by section 145 of that Act and amended by the Access to Justice Act 1999 (c. 22), section 90(1), Schedule 13, paragraph 116 and section 78(2), Schedule 11, paragraph 29.

(2)

2001 c. 17.

(3)

S.I. 1981/552; relevant amending instruments are S.I. 1983/523, 1984/1552, 1985/1944, 1986/1332, 1988/2132, 1989/300 and 1597, 1990/336, 1190 and 2260, 1992/709, 729 and 2072, 1993/1183, 1994/1481 and 3154, 1995/585 and 2619, 1997/706, 1998/2167, 1999/2765, 2000/3361 and 2001/167 and 610.