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The Magistrates' Courts (Notification Orders) Rules 2004

S.I. 2004/1052 · Made 5 April 2004

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

PROCEDURE

Made 5th April 2004

Laid before Parliament 6th April 2004

Coming into force 1st May 2004

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980f1, 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.

Contents

  1. 1Citation, commencement, interpretation
  2. 2Citation, commencement, interpretation
  3. 3Notification orders and interim notification orders
  4. 4Time limit for service of a notice under section 99(3)
  5. Signature
  6. Schedule 1Schedule 1
  7. Schedule 2Schedule 2
  8. Schedule 3Schedule 3
  9. Schedule 4Schedule 4
  10. Explanatory note

1Citation, commencement, interpretation

These Rules may be cited as the Magistrates' Courts (Notification Orders) Rules 2004 and shall come into force on 1 May 2004.

2Citation, commencement, interpretation

In these Rules—

(a)

a reference to a numbered section is a reference to a section so numbered in the Sexual Offences Act 2003f1; and

(b)

a reference to a Schedule is a reference to a Schedule to these Rules except where it is made clear that it refers to a Schedule to the Sexual Offences Act 2003.

3Notification orders and interim notification orders

(1)

An application for—

(a)

a notification order made under section 97(1), or

(b)

an interim notification order made under section 100(2)

may be in the form set out in Schedule 1.

(2)

A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3)

A notification order shall be in the form set out in Schedule 3.

(4)

An interim notification order shall be in the form set out in Schedule 4.

(5)

As soon as reasonably practicable after a notification order or an interim notification order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

4Time limit for service of a notice under section 99(3)

If a defendant wishes to serve on the applicant a notice under section 99(3)f1, he must do so no later than 3 days before the hearing date for the application for the notification order.

Signature

Falconer of Thoroton, C.

Date 5th April 2004

Schedule 1

FORM

Application for [Notification Order [and] Interim Notification Order] Sexual Offences Act 2003 (SOA 2003) section[s] [97] [and] [100]

Schedule 2

FORM

Summons on Application for [a Notification Order [and] an Interim Notification Order] (Sexual Offences Act 2003) [s 97] [and] [s 100])

Schedule 3

FORM

Notification Order (Sexual Offences Act 2003, s 97)

Schedule 4

FORM

Interim Notification Order (Sexual Offences Act 2003 s 100)

Explanatory note

(This note is not part of the Rules)

These Rules provide forms which may be used for applications for notification orders and interim notification orders under sections 97 and 100 of the Sexual Offences Act 2003. They also provide forms for the summons to be served on the defendant in relation to such applications and the forms which should be used for the orders themselves. The Rules also provide for service of the orders and provide that a notice requiring proof that the condition in section 99(1)(b) is met should be served not later than 3 days before the date of the hearing of the application.