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The Family Procedure (Modification of Enactments) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110734653

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.

Draft Order laid before Parliament under section 108(2) and (3) of the Courts Act 2003, for approval by resolution of each House of Parliament.

magistrates’ courts, england and wales

children and young persons, england and wales

Made

Coming into force 30th December 2005

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 80 of the Courts Act 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c.39. Section 80 is amended by section 15(1) of, and paragraphs 208 and 343 of Schedule 4 to, the Constitutional Reform Act 2005 (c.4) from a date to be appointed.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

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)f1 after “hearing of a complaint” insert “or of an application under the Adoption and Children Act 2002 (c. 38)”.

Signature

Signed by authority of the Lord Chancellor

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Date

Explanatory note

(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.