OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Commencement Order brings into force on 7th October 2005 the following provisions of the Courts Act 2003—

(a)

the power to make Family Procedure Rules (section 75) and the further provision about their scope (section 76) including the power for the rules to refer to provision made about a matter in a practice direction (section 76(8));

(b)

the process for making Family Procedure Rules (section 79);

(c)

the power to amend legislation in connection with Family Procedure rules (section 80)

for the purpose only of making Family Procedure Rules in respect of matters relating to adoption, including appeals and the enforcement of an order made in such proceedings.

This Order also brings into force section 109(1) and Schedule 8, paragraph 245(1) and (2) for the purposes of family proceedings as defined by section 65(1)(h) of the Magistrates' Courts Act 1980 (c. 43), that definition having been substituted by the Adoption and Children Act 2002 (c. 38). The effect of implementing this paragraph is that the Lord Chancellor will not have power to make rules under section 144 of the Magistrates' Courts Act 1980 (c. 43) in relation to proceedings under the Adoption and Children Act 2002 (c. 38).

This Order contains a transitional provision amending section 40(2) of the Matrimonial and Family Proceedings Act 1984 (c. 42) to provide that rules for family proceedings cannot be made under that section in respect of any matter in which the Family Procedure Rule Committee has power to make rules.