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-
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));
the process for making Family Procedure Rules (section 79); and
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 The effect of this to repeal powers to make rules of court in relation to family proceedings where those powers are superseded by the powers in the Courts Act 2003 which article 2 of this Order brings fully into force.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.