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Statutory Instruments
SUPREME COURT OF ENGLAND AND WALES
MAGISTRATES' COURTS, ENGLAND AND WALES
Made
18th July 2004
The Lord Chancellor, in exercise of the powers conferred upon him by sections 108(6) and 110 of the Courts Act 2003(1) hereby makes the following Order:
1.—(1) This Order may be cited as the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004.
(2) In this Order, unless the context requires otherwise, a reference to a section or Schedule by number alone is to the section or Schedule so numbered in the Courts Act 2003.
2. Subject to article 3, the following provisions come into force on 1st September 2004—
(a)section 6(3) and Schedule 2 (abolition of magistrates' courts committees: transfers),
(b)in Part 7 (procedure rules and practice directions)—
(i)section 69 (Criminal Procedure Rules),
(ii)section 72 (process for making Criminal Procedure Rules), and
(iii)section 73 (power to amend legislation in connection with the rules),
(c)in Schedule 8 (minor and consequential amendments)—
(i)paragraph 67 (Indictments Act 1915)(2),
(ii)paragraph 71 (Criminal Justice Act 1925)(3),
(iii)paragraph 83 (Criminal Justice Act 1948)(4),
(iv)paragraph 107 (Road Traffic Act 1960)(5),
(v)paragraph 122 for the purpose of amending the Backing of Warrants (Republic of Ireland) Act 1965(6) so far as it has effect by virtue of the Extradition Act 2003 (Commencement and Savings) Order 2003(7),
(vi)paragraph 126 (Criminal Procedure (Attendance of Witnesses) Act 1965)(8),
(vii)paragraph 145 (Attachment of Earnings Act 1971)(9),
(viii)paragraphs 172 and 173 (Juries Act 1974)(10),
(ix)paragraphs 182, 183(1) and (3), 186(1) and (2) (Bail Act 1976)(11),
(x)paragraph 190 (Criminal Law Act 1977)(12),
(xi)paragraphs 207, 219, 233, 234, 238, 245(1) and (2) for the purpose of creating an exception in relation to “any criminal cause or matter”, 246, 250 in so far as it relates to the definitions of “the rules” and “prescribed”, 251 (Magistrates' Courts Act 1980)(13),
(xii)paragraph 286 (Police and Criminal Evidence Act 1984)(14),
(xiii)paragraph 290(1) and (3) (Prosecution of Offences Act 1985)(15),
(xiv)paragraphs 324, 327, 328, 329(1) and (4), 330(1), (2) and (3)(a) for the purpose of amending the Extradition Act 1989(16) so far as it has effect by virtue of the Extradition Act 2003 (Commencement and Savings) Order 2003)(17),
(xv)paragraph 355(a) (Social Security Administration Act 1992)(18),
(xvi)paragraph 362 (Vehicle Excise and Registration Act 1994)(19),
(xvii)paragraph 364 (Drug Trafficking Act 1994)(20),
(xviii)paragraphs 377 to 381 (Criminal Procedure and Investigations Act 1996)(21),
(xix)paragraphs 384, 386 and 387 (Youth Justice and Criminal Evidence Act 1999)(22),
(xx)paragraphs 389 and 390 (Terrorism Act 2000)(23),
(xxi)paragraphs 403 and 405 (International Criminal Court Act 2001)(24), and
(xxii)paragraph 410 (Proceeds of Crime Act 2002)(25),
(d)in Schedule 10 (repeals), the entries relating to—
(i)section 33(4) of the Criminal Justice Act 1925(26),
(ii)section 25(1) of the Attachment of Earnings Act 1971(27),
(iii)section 2 of the Bail Act 1976,
(iv)sections 145 and 150(1) in so far as it relates to the definition of “the rules”, of, and paragraphs 5, 101(a) and 151 of Schedule 7 to, the Magistrates' Courts Act 1980(28),
(v)Schedule 5 to the Supreme Court Act 1981(29), in so far as it relates to the Criminal Justice Act 1948,
(vi)section 80(2) of the Access to Justice Act 1999(30), and
(vii)section 65(2) of the Youth Justice and Criminal Evidence Act 1999, and
(e)section 109(1) and (3) to the extent necessary for those amendments and repeals.
3. The amendment or repeal of any enactment, coming into effect under article 2(c) or (d), shall not affect the operation of that enactment in relation to rules of court other than Criminal Procedure Rules during the period between 1st September 2004 and the coming into force of the first Criminal Procedure Rules made under section 69 of the Courts Act 2003.
Signed by authority of the Lord Chancellor
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 18th July 2004
(This note is not part of the Order)
This Order brings into force on 1st September 2004 section 6(3) and Schedule 2 (abolition of magistrates' courts committees: transfers), section 69 (Criminal Procedure Rules), section 72 (process for making Criminal Procedure Rules) and section 73 (power to amend legislation in connection with the rules) of the Courts Act 2003.
It also brings into force on 1st September 2004 a number of minor consequential amendments and repeals in Schedules 8 and 10 to the Courts Act 2003, relating to the establishment of the Criminal Procedure Rule Committee and the making of Criminal Procedure Rules. But the amendment or repeal of any enactment, by those provisions, shall not affect the operation of that enactment in relation to rules of court other than Criminal Procedure Rules during the period between 1st September 2004 and the coming into force of the first Criminal Procedure Rules.
(This note is not part of the Order)
The following provisions of the Courts Act 2003 have been, or are to be, brought into force by commencement order made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
---|---|---|
section 4 | 1.6.04 | 2004/798 |
section 62 | 26.1.04 | 2003/3345 |
section 63 | 26.1.04 | 2003/3345 |
section 64 | 26.1.04 | 2003/3345 |
section 66 (partially) | 26.1.04 | 2003/3345 |
section 67 | 26.1.04 | 2003/3345 |
section 68 | 26.1.04 | 2003/3345 |
section 70 | 26.1.04 | 2003/3345 |
section 71 | 26.1.04 | 2003/3345 |
section 74 | 26.1.04 | 2003/3345 |
section 77 | 26.1.04 | 2003/3345 |
section 78 | 26.1.04 | 2003/3345 |
section 81 | 26.1.04 | 2003/3345 |
section 83 | 26.1.04 | 2003/3345 |
section 84 | 26.1.04 | 2003/3345 |
section 86 | 1.5.04 | 2004/1104 |
section 87 | 1.5.04 | 2004/1104 |
section 93 | 1.2.04 | 2004/174 |
section 95 | 5.4.04 | 2004/174 |
section 96 | 5.4.04 | 2004/174 |
section 97 (partially) | 23.2.04 | 2004/174 |
section 97 (partially) | 29.3.04 | 2004/174 |
section 97 (partially) | 5.4.04 | 2004/174 |
section 97 (partially) | 1.5.04 | 2004/1104 |
section 98 (partially) | 26.1.04 | 2003/3345 |
section 99 | 15.3.04 | 2004/401 |
section 102 | 26.1.04 | 2003/3345 |
section 103 | 1.5.04 | 2004/1104 |
section 104 | 1.5.04 | 2004/1104 |
section 106 | 1.5.04 | 2004/1104 |
Schedule 1 | 1.6.04 | 2004/798 |
Schedule 5 (partially) | 23.2.04 | 2004/174 |
Schedule 5 (partially) | 29.3.04 | 2004/174 |
Schedule 5 (remainder) | 5.4.04 | 2004/174 |
Schedule 6 (and section 97(2) in so far as it relates to the paragraph specified below) paragraph 1(2) (partially) | 1.5.04 | 2004/1104 |
Schedule 7 | 15.3.04 | 2004/401 |
Schedule 8 (and section 109(1)) (partially) | 1.2.04 | 2004/174 |
Schedule 8 (and section 109(1)) (partially) | 15.3.04 | 2004/401 |
Schedule 9 (and section 109(2) insofar as it relates to the paragraph specified below) paragraph 15 (partially) | 23.2.04 | 2004/174 |
paragraph 15 (partially) | 29.3.04 | 2004/174 |
paragraph 15 (remainder) | 5.4.04 | 2004/174 |
Schedule 10 (and section 109(3)) (partially) | 26.1.04 | 2003/3345 |
Schedule 10 (and section 109(3)) (partially) | 15.3.04 | 2004/401 |
Schedule 10 (and section 109(3)) (partially) | 1.5.04 | 2004/1104 |
1925 c. 86; section 33(4) was amended by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 5.
1971 c. 32; a relevant amendment was made to section 25(1) by the Magistrates' Courts Act 1980 (c. 43), section 154 and Schedule 7, paragraph 101(a).
1980 c. 43; a relevant amendment was made to section 145 by the Access to Justice Act 1999 (c. 22), section 80(2).
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