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The Magistrates’ Courts Warrants (Specification of Provisions) (Amendment) Order 2018

S.I. 2018/961 · Made 30 August 2018

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 30th August 2018

Laid before Parliament 4th September 2018

Coming into force 22nd October 2018

The Lord Chancellor, in exercise of the powers conferred upon him by section 125A(3) of the Magistrates’ Courts Act 1980f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

1980 c. 43; section 125A(3) was inserted by the Access to Justice Act 1999 (c. 22), section 92, and amended by the Tribunals, Courts and Enforcement Act 2007 (c. 15), Schedule 13, paragraphs 45 and 58(1), (2).

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Magistrates’ Courts Warrants (Specification of Provisions) Order 2000
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Magistrates’ Courts Warrants (Specification of Provisions) (Amendment) Order 2018 and shall come into force on 22nd October 2018.

2Amendment to the Magistrates’ Courts Warrants (Specification of Provisions) Order 2000

For Article 2 (specified provisions) of the Magistrates’ Courts Warrants (Specifications of Provisions) Order 2000f1, substitute—

“Specified Provisions

2.

The following provisions are specified for the purposes of section 125A(3) of the Magistrates’ Courts Act 1980—

(a)

sections 7(1) and (2) of the Bail Act 1976f2;

(b)

sections 1(1)(b)f3, 13(1), 76(1)f4, 83(1)(b) and (2)f5, 86(4)f6, 97(2) and (3), 97A(3)f7 and 136(1) of the Magistrates’ Courts Act 1980;

(c)

section 40(2A)f8 and (3) of the Child Support Act 1991;

(d)

paragraphs 4(3) and (5) of Schedule 3 to the Crime and Disorder Act 1998f9;

(e)

in the Powers of Criminal Courts (Sentencing) Act 2000f10—

(i)

sections 1(7)f11, 104(1)(b) and 123(1)(b)f12;

(ii)

paragraph 3(2)(b)f13 and paragraph 9C(2)(b)f14 of Schedule 1;

(iii)

paragraph 3(1)(b) of Schedule 3f15;

(iv)

paragraph 1(1) of Schedule 5f16;

(v)

paragraph 7(2) of Schedule 7f17;

(vi)

paragraph 6(2) of Schedule 8 (but only where an application is made under paragraph 2(1)f18 of that Schedule);

(f)

in the Criminal Justice Act 2003f19—

(i)

sections 256AC(1)(b)f20 and 256C(1)(b)f21;

(ii)

paragraphs 7(2)(b) and (4), 8(2)(b) and (4), 13(6) and 25(1)(b) of Schedule 8;

(iii)

paragraphs 6(2)(b) and 20(1)(b) of Schedule 12;

(iv)

paragraph 8(1)(b) of Schedule 19Af22;

(g)

paragraphs 5(1)(b) and 20(1)(b) of Schedule 2 to the Criminal Justice and Immigration Act 2008f23;

(h)

regulations 41(1) and 42(5)(b) of the Community Charges (Administration and Enforcement) Regulations 1989f24;

(i)

regulations 16(3)(a) and 17(5)(b) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989f25; and

(j)

regulations 47(3)(a) and 48(5)(b) of the Council Tax (Administration and Enforcement) Regulations 1992f26.”

Signature

Signed by the authority of the Lord Chancellor

Lucy Frazer

Parliamentary Under Secretary of State

Ministry of Justice

30th August 2018

Explanatory note

(This note is not part of the Order)

Sections 125A to 125D of the Magistrates’ Courts Act 1980 (c. 42), as inserted by sections 92, 93, 94 and 96 of the Access to Justice Act 1999 (c. 22), make provision for the enforcement of warrants issued under statutory provisions specified by order. This Order amends the Magistrates’ Courts Warrants (Specification of Provisions) Order 2000 which specifies such provisions.

A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sectors is foreseen.