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The Family Procedure (Modification of Enactments) Order 2005

S.I. 2005/3275 · Made 22 November 2005

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.

MAGISTRATES' COURTS, ENGLAND AND WALES

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

Made 22nd November 2005

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

Catherine M. Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

22nd November 2005

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.