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The Magistrates' Courts (Amendment No. 2) Rules 2001

S.I. 2001/610 · Made 27 February 2001

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

PROCEDURE

Made 27th February 2001

Laid before Parliament 2nd March 2001

Coming into force 1st April 2001

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980f1, as extended by section 145 of that Act, after consultation with the Rule Committee appointed under the said section 144, hereby makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1980 c. 43; section 144 is amended by section 90 of, and paragraph 113 of Schedule 13 to, the Access to Justice Act 1999 (c. 22).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to the Magistrates' Courts Rules 1981
  3. 3Amendments to the Magistrates' Courts Rules 1981
  4. 4Amendments to the Magistrates' Courts Rules 1981
  5. 5Amendments to the Magistrates' Courts Rules 1981
  6. 6Amendments to the Magistrates' Courts Rules 1981
  7. 7Amendments to the Magistrates' Courts Rules 1981
  8. 8Amendments to the Magistrates' Courts Rules 1981
  9. 9Amendments to the Magistrates' Courts Rules 1981
  10. 10Amendments to the Magistrates' Courts Rules 1981
  11. 11Amendments to the Magistrates' Courts Rules 1981
  12. 12Amendments to the Magistrates' Courts Rules 1981
  13. 13Amendments to the Magistrates' Courts Rules 1981
  14. 14Amendments to the Magistrates' Courts Rules 1981
  15. 15Amendments to the Magistrates' Courts Rules 1981
  16. 16Amendments to the Magistrates' Courts Rules 1981
  17. 17Amendments to the Magistrates' Courts Rules 1981
  18. 18Amendments to the Magistrates' Courts Rules 1981
  19. 19Amendments to the Magistrates' Courts Rules 1981
  20. 20Amendments to the Magistrates' Courts Rules 1981
  21. 21Amendments to the Magistrates' Courts Rules 1981
  22. 22Amendments to the Magistrates' Courts Rules 1981
  23. 23Amendments to the Magistrates' Courts Rules 1981
  24. 24Amendments to the Magistrates' Courts Rules 1981
  25. Signature
  26. Explanatory note

1Citation, commencement and interpretation

These Rules may be cited as the Magistrates' Courts (Amendment No. 2) Rules 2001 and shall come into force on 1st April 2001.

2Amendments to the Magistrates' Courts Rules 1981

The Magistrates' Courts Rules 1981f1 shall be amended in accordance with the following provisions of these Rules.

3Amendments to the Magistrates' Courts Rules 1981

In rules 4B(2), 9(1) and (2), 10, 11(2), 11A(1), 15(1), 17(1) to (3), 18, 19(1) and (2), 20, 22, 25(1) and (2), 26, 27, 28(1) to (3), 29(2), 30(1) to (3), 32(2), 38, 39(2) to (6), 40, 41(4) and (6) to (10), 45(1), 46(1), 47(1), 48(1) to (3), 49, 54(3), 54(10) and (11), 55(1), (3) and (4), 56(1), 59(1) to (6), 60(2), 61, 63(1) and (2), 66(1), 66B, 69, 70(2) and (9), 73, 74(1) to (7), 75, 76(3), 77(1), 78(3), 79(1) and (2), 82, 84A(2) and (6), 86(2) and (4), 87, 89, 93, 93A(8) to (10), 93B(7)(a), 101A(1), 104(2), 104A(3), 104B(2), 108(1), 110, 111, 112, for “clerk of”, in each place where it occurs, substitute “justices' chief executive for”.

4Amendments to the Magistrates' Courts Rules 1981

In rule 4A(4) for “clerk of” substitute “chief executive to”.

5Amendments to the Magistrates' Courts Rules 1981

In rules 47(2), 68, 77(2), 79(3) and 84A(3), for “the clerk” substitute “the justices' chief executive”.

6Amendments to the Magistrates' Courts Rules 1981

In rules 41(8), 55(1)(b), 60(2), 63(1) and 74(4), for “that clerk” substitute “that chief executive”.

7Amendments to the Magistrates' Courts Rules 1981

In rules 32(2), 40, 45(1), 54(10), 79(1) and (2) and 111, for “the clerk shall” substitute “the justices' chief executive shall”.

8Amendments to the Magistrates' Courts Rules 1981

In rule 39—

(a)

in paragraph (1), before “notify in writing” insert “the justices' chief executive shall”;

(b)

in paragraph (2), for “the clerk to whom” substitute “the justices' chief executive to whom”;

(c)

in paragraph (3), for “the clerk may” substitute “the justices' chief executive may”;

(d)

in paragraph (4), for “the clerk’s office” substitute “the office of the justices' chief executive”; and

(e)

in paragraph (6), for “the clerk shall notify” substitute “the justices' chief executive shall notify” and for “the clerk grants” substitute “the clerk of the court grants”.

9Amendments to the Magistrates' Courts Rules 1981

In rule 45(1)—

(a)

for “the clerk or other appropriate officer of” substitute “the justices' chief executive for or other appropriate officer of”; and

(b)

for “of which he is not the clerk” substitute “for which he is not the justices' chief executive”.

10Amendments to the Magistrates' Courts Rules 1981

In rule 48(2), for “if the clerk” substitute “if the justices' chief executive”.

11Amendments to the Magistrates' Courts Rules 1981

In rule 57(1) and (3) for “clerk of a magistrates' court” substitute “justices' chief executive for a magistrates' court” and in rule 57(2) and (4) for “clerk of the magistrates' court”, in each place where it occurs, substitute “justices' chief executive for the magistrates' court”.

12Amendments to the Magistrates' Courts Rules 1981

In rule 59—

(a)

in paragraph (4), for “the clerk to whom” substitute “the justices' chief executive to whom”; and

(b)

in paragraph (5)—

(i)

for “inform the clerk” substitute “inform the justices' chief executive”; and

(ii)

for “the clerk shall forthwith send” substitute “the justices' chief executive shall forthwith send”.

13Amendments to the Magistrates' Courts Rules 1981

In rule 63(1), for “last-mentioned clerk” substitute “last-mentioned justices' chief executive”.

14Amendments to the Magistrates' Courts Rules 1981

In rule 66(11)—

(a)

for “by the clerk or justice” substitute “by the justices' chief executive on justice”;

(b)

for “the clerk whose duty” substitute “the justices' chief executive whose duty”; and

(c)

for “the clerk shall enter” substitute “the justices' chief executive shall enter”.

15Amendments to the Magistrates' Courts Rules 1981

In rule 66A for “clerk of” substitute “justices chief executive for, or clerk of,”.

16Amendments to the Magistrates' Courts Rules 1981

In rule 73, for “send to the clerk” substitute “send to the justices' chief executive”.

17Amendments to the Magistrates' Courts Rules 1981

In rule 79(2), for “he may by notice in writing” substitute “the clerk of the magistrates' court may by notice in writing” and after “sent to the applicant or respondent as the case may be” insert “by the justices' chief executive”.

18Amendments to the Magistrates' Courts Rules 1981

In rule 86(1)(b), after “a justices' clerk,” insert “a justices' chief executive,”.

19Amendments to the Magistrates' Courts Rules 1981

In rule 92(a), for “the clerk thereof” substitute “the justices' chief executive for that court”.

20Amendments to the Magistrates' Courts Rules 1981

In rule 93A(7) and (8) after “by way of written notice” insert “(served by the justices' chief executive for the magistrates' court)”.

21Amendments to the Magistrates' Courts Rules 1981

For rule 93B(3) substitute—

“(3)

Where an application has been made to a magistrates' court under section 5B of the Bail Act 1976f1.

(f)

the clerk of that magistrates' court shall fix a date, time and place for the hearing of the application; and

(g)

the justices' chief executive shall—

(i)

give notice of the application and of the date, time and place so fixed in the prescribed form to the person affected; and

(ii)

send a copy of the notice to the prosecutor who made the application and to any surety specified in the application.”.

22Amendments to the Magistrates' Courts Rules 1981

In rule 95A—

(a)

for “the clerk to the justices for that area” substitute “the justices' chief executive for that area”; and

(b)

for “serve upon the clerk” substitute “serve upon the justices' chief executive”.

23Amendments to the Magistrates' Courts Rules 1981

In rule 101A, for paragraph (3) substitute—

“(3)

Where such an application is served on the justices' chief executive for the court—

(a)

the clerk of the court shall fix a date and time for the hearing of the application; and

(b)

the justices' chief executive shall—

(i)

serve a copy of the application on the course organiser; and

(ii)

serve notice of the hearing on the applicant and course organiser.”.

24Amendments to the Magistrates' Courts Rules 1981

In rule 107(2), for “clerk to” substitute “justices' chief executive for”.

Signature

Irvine of Lairg, C.

27th February 2001

Explanatory note

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts Rules 1981 so as to transfer the administrative functions of justices' clerks under the Rules to justices' chief executives in line with sections 90 (transfer of clerks' functions to chief executives) and 91 (accounting etc. functions of chief executives) of, and Schedule 13 to, the Access to Justice Act 1999 which implement corresponding transfers in primary legislation.

Subsection (5) of section 90 provides that, for the purposes of that section, the administrative functions of justices' clerks are all of their functions apart from those which are legal functions within the meaning given by section 48(2) of the Justices' of the Peace Act 1997 (c. 25), as substituted by section 89(1) of the 1999 Act.