# The Family Procedure (Modification of Enactments) Order 2005

Draft 2005, ISBN 0110734653

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.

Made under: Courts Act 2003 (Section 80)

PDFs: Printed copy https://openlegislation.uk/draft-family-procedure-modification-of-enactments-order-2005/pdf/ukdsi_0110734653_en.pdf; Explanatory Memorandum https://openlegislation.uk/draft-family-procedure-modification-of-enactments-order-2005/pdf/ukdsiem_0110734653_en.pdf

## Introductory text

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 2003.

## 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) 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.

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Source: https://www.legislation.gov.uk/ukdsi/2005/0110734653 (the official version)
Page: https://openlegislation.uk/draft-family-procedure-modification-of-enactments-order-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.