The Magistrates’ Courts (Foreign Travel Orders) (Amendment) Rules 2010

Statutory Instruments

2010 No. 605

Magistrates’ Courts, England And Wales

Procedure

The Magistrates’ Courts (Foreign Travel Orders) (Amendment) Rules 2010

Made

3rd March 2010

Laid before Parliament

5th March 2010

Coming into force

1st April 2010

The Lord Chief Justice makes the following Rules in exercise of the powers conferred by section 144(1) and 145(1) of the Magistrates’ Courts Act 1980(1).

In accordance with section 144 of the Magistrates’ Court Act 1980 he has consulted with the rule committee appointed under that section and makes these Rules with the concurrence of the Lord Chancellor.

Citation and commencement

1.  These Rules may be cited as the Magistrates’ Courts (Foreign Travel Orders) (Amendment) Rules 2010 and shall come into force on 1st April 2010.

Amendments to the Magistrates’ Courts (Foreign Travel Orders) Rules 2004

2.  The Magistrates’ Courts (Foreign Travel Orders) Rules 2004(2) are amended as follows—

(a) in rule 3(3), for “shall” substitute “may”;

(b) for the form set out in Schedule 2 to those Rules, substitute the form set out in Schedule 1 to these Rules; and

(c) for the form set out in Schedule 3 to those Rules, substitute the form set out in Schedule 2 to these Rules.

Judge, C.J.

1st March 2010

I concur

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd March 2010

Rule 2(b)

SCHEDULE 1

Rule 2(c)

SCHEDULE 2

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Foreign Travel Orders) Rules 2004 (S.I. 2004 No.1051) to substitute new forms into Schedules 2 (Summons on application for a Foreign Travel Order) and 3 (Foreign Travel Order) in consequence of amendments to the Sexual Offences Act 2003 made by the Policing and Crime Act 2009 (“the 2009 Act”). The new forms refer to the requirement under the 2009 Act for a person who is subject to a foreign travel order prohibiting travel to all countries outside the UK to surrender his or her passport(s) to the police station within the time limit specified in the order; and reflect that a foreign travel order may now be imposed for a period of up to 5 years.

(1)

1980 c. 43. Section 144(1) was amended by section 15 of, and paragraphs 99 and 102 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) and section 109 of, and paragraph 245 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39). Section 145(1) was amended by section 109 of, and paragraph 245 of Schedule 8 and Schedule 10 to, the Courts Act 2003 (c. 39), section 62(4) of the Children Act 2004 (c. 31), section 91 and 93 of, and Schedule 8 to, the Police and Magistrates’ Court Act 1994 (c. 29) and sections 65 and 80 of, and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25).

(2)

S.I. 2004/1051.