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The Courts Act 2003 (Commencement No. 14) Order 2010

S.I. 2010/2921 · Made 8 December 2010

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Senior Courts Of England And Wales

County Courts, England And Wales

Magistrates’ Courts, England And Wales

Made 8th December 2010

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 110 of the Courts Act 2003f1:

Annotations to the whole text

Footnotes

f1

2003 c.39.

Contents

  1. 1Citation
  2. 2Commencement of provisions of the Courts Act 2003
  3. 3Commencement of provisions of the Courts Act 2003
  4. 4Amendment to previous Courts Act 2003 commencement order
  5. Signature
  6. Explanatory note

1Citation

This Order may be cited as the Courts Act 2003 (Commencement No.14) Order 2010.

2Commencement of provisions of the Courts Act 2003

The following provisions of the Courts Act 2003, in so far as they are not already in force, come into force on 12th December 2010—

(a)

section 75 (Family Procedure Rules);

(b)

section 76 (further provision about scope of Family Procedure Rules);

(c)

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

(d)

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

3Commencement of provisions of the Courts Act 2003

The following provisions of the Courts Act 2003, in so far as they are not already in force, come into force on 6th April 2011—

(a)

section 109(1) and (3) to the extent necessary for the provision referred to in paragraphs (b) and (c) below;

(b)

Schedule 8 (minor and consequential amendments); and

(c)

Schedule 10 (repeals), with the exception of the repeal of section 2(6) to (8) of the Civil Procedure Act 1997.

4Amendment to previous Courts Act 2003 commencement order

The statutory instrument numbered 2706 of 2007 and headed “The Courts Act 2003 (Commencement No.13) Order 2007” is amended by the insertion, before article 1, of the following article—

“A1.

This Order may be cited as the Courts Act 2003 (Commencement No.13) Order 2007.”.

Signature

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

8th December 2010

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force on 12th December 2010 the following provisions of the Courts Act 2003 insofar as they are not already in force-

(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); and

(c)

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

Article 3 of this Order brings into force on 6th April 2011 the provisions of Schedules 8 and 10 of the Courts Act 2003 insofar as they are not already in force, save that the repeal in Schedule 10 of the Courts Act 2003 of section 2(6) to (8) of the Civil Procedure Act 1997 is not brought into force. The effect of this to repeal powers to make rules of court in relation to family proceedings where those powers are superseded by the powers in the Courts Act 2003 which article 2 of this Order brings fully into force.

Article 3 also brings into force paragraph 272 of Schedule 8 to the Courts Act 2003, which omits sections 73 and 73A from the County Courts Act 1984. The associated repeal of those provisions in Schedule 10 to the Courts Act 2003 was commenced by article 3(c) of the Courts Act 2003 (Commencement No.12 and Transitional Provision) Order 2005 (S.I. 2005/3518).

Article 4 of this Order makes an amendment to correct an omission in a previous Commencement Order.