2005 No. 3275
MAGISTRATES' COURTS, ENGLAND AND WALES
CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES
The Family Procedure (Modification of Enactments) Order 2005
Made
Coming into force
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 80 of the Courts Act 20031.
1.
This Order may be cited as the Family Procedure (Modification of Enactments) Order 2005 and shall come into force on 30th December 2005.
2.
In section 97(1)(a) and (2) of the Magistrates' Courts Act 1980 (summons to witness)2 after “hearing of a complaint” insert “or of an application under the Adoption and Children Act 2002 (c. 38)”.
Signed by authority of the Lord Chancellor
Catherine M. Ashton
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
(This note is not part of the Order)
This Order amends section 97(1)(a) of the Magistrates' Courts Act 1980 (c. 38) so as to enable a justice of the peace at the hearing of an application under the Adoption and Children Act 2002 (c. 38) to issue a witness summons. It also amends section 97(2) to prevent a warrant being issued instead of a summons in the hearing of an application under the 2002 Act.