OpenLegislation

Article 11 Amendments to the Magistrates' Courts Rules 1981

Original text. Later amendments are not shown.

In rule 2—

(a)

after the definition of “the Act of 1989” insert—

  • ““the Act of 2000” means the Powers of Criminal Courts (Sentencing) Act 2000f1;”

(b)

omit the definition of “contribution order”;

(c)

after the definition of “child” insert—

  • ““court computer system” means a computer or computer system which is used to assist to discharge and record the business of the court.

  • “electronic signature” is as much of anything in electronic form as

    1. (a)

      is incorporated into or otherwise logically associated with any electronic communication or electronic data; and

    2. (b)

      purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication or data, the integrity of the communication or data, or both.”;

(d)

for paragraph (2) substitute—

“(2)

In these Rules “representation order” has the meaning assigned to it by section 14 of the Access to Justice Act 1999f2.”; and

(e)

after paragraph (6) insert—

“(7)

Subject to rules 15 and 99, where these Rules require a document to be given or sent, or a notice to be communicated in writing, it may, with the consent of the addressee, be sent by electronic communication.

(8)

Electronic communication means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa)—

(a)

by means of a telecommunication system (within the meaning of the Telecommunications Act 1984); or

(b)

by other means but while in an electronic form.”.

Annotations

Footnotes

f1

2000 c. 6. Section 133 is amended by paragraphs 1 and 37 of Schedule 11 to the Proceeds of Crime Act 2002 (c. 29) from a date to be appointed. Section 140 is amended by paragraphs 160 and 194 of Part II of Schedule 7 and Schedule 8 to the Criminal Justice and Court Services Act 2000 (c. 43) from a date to be appointed.

f2

1999 c. 22.