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The Magistrates' Courts (Forms) (Amendment) Rules 2001

S.I. 2001/166 · Made 24 January 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, ENGLAND AND WALES

Made 24th January 2001

Laid before Parliament 26th January 2001

Coming into force 19th February 2001

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980f1, as extended by section 145 of that Act, and after consultation with the rule committee constituted by section 144 of that Act, makes the following Rules:

Annotations to the whole text

Footnotes

f1

1980 c. 43.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to the Magistrates' Courts (Forms) Rules 1981
  4. 4Amendments to the Magistrates' Courts (Forms) Rules 1981
  5. 5Amendments to the Magistrates' Courts (Forms) Rules 1981
  6. 6Amendments to the Magistrates' Courts (Forms) Rules 1981
  7. 7Amendments to the Magistrates' Courts (Forms) Rules 1981
  8. 8Amendments to the Magistrates' Courts (Forms) Rules 1981
  9. 9Amendments to the Magistrates' Courts (Forms) Rules 1981
  10. 10Amendments to the Magistrates' Courts (Forms) Rules 1981
  11. 11Amendments to the Magistrates' Courts (Forms) Rules 1981
  12. Signature
  13. Schedule Schedule
  14. Explanatory note

1Citation and commencement

These Rules may be cited as the Magistrates' Courts (Forms) (Amendment) Rules 2001 and shall come into force on 19th February 2001.

2Interpretation

In these Rules, any reference to a form by number alone means the form so numbered in Schedule 2 to the Magistrates' Courts (Forms) Rules 1981f1.

3Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 48 (Distress warrant) shall be amended as follows.

(2)

For “(the Constables of Police Force) [XY]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

4Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 51 (Warrant of commitment on occasion of conviction) shall be amended as follows.

(2)

For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

5Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 52 (Warrant of commitment on occasion subsequent to conviction) shall be amended as follows.

(2)

For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

6Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 54 (Warrant for arrest of fine defaulter) shall be amended as follows.

(2)

For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

7Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 57 (Warrant for detention in police cells etc.) shall be amended as follows.

(2)

For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

8Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 58 (Warrant for detention in police station) shall be amended as follows.

(2)

After “Police Force” there shall be inserted “/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

(3)

After “the day following that on which the accused is arrested”, there shall be inserted “, or if the accused is arrested.”

9Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 92K (Warrant of arrest for breach of requirement of probation, community service or combination order) shall be amended as follows.

(2)

After “Police Force” there shall be inserted “/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

10Amendments to the Magistrates' Courts (Forms) Rules 1981

(1)

Form 110 (Commitment: civil debt enforceable by imprisonment) shall be amended as follows.

(2)

For “[the constables of Police Force] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

11Amendments to the Magistrates' Courts (Forms) Rules 1981

After form 157 (Warrant of further detention) there shall be inserted the form set out in the Schedule to these Rules.

Signature

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 24th January 2001

Form 157a

WARRANT OF FURTHER DETENTION (Terrorism Act 2000, paragraph 29 of Schedule 8)

Explanatory note

(This note is not part of the Rules)

These Rules amend Schedule 2 to the Magistrates' Courts (Forms) Rules 1981 in the following respects.

(a)

They amend forms 48, 52, 54, 57, 58, 92K and 110 to accommodate the changes effected by sections 92 to 97 of the Access to Justice Act 1999, relating to the execution of warrants issued by magistrates' courts. The effect of the amendments is to permit warrants of distress, arrest, commitment or detention to be directed to civilian enforcement officers and approved enforcement agencies as well as to police officers.

(b)

They insert words into form 58 so as to clarify the meaning of the direction in that form.

(c)

They insert a new form 157A for warrants of further detention issued under paragraphs 29 and 36 of Schedule 8 to the Terrorism Act 2000.