OpenLegislation

The Courts Act 2003 (Consequential Amendments) Order 2004

S.I. 2004/2035 · Made 18 July 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.

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

Made 18th July 2004

Coming into force 1st September 2004

Whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament;

Now therefore, in exercise of the powers conferred on him by section 109(4) and (5) of the Courts Act 2003f1, the Lord Chancellor hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 39.

Contents

  1. 1Citation
  2. 2Commencement
  3. 3Consequential amendments and repeals
  4. Signature
  5. Schedule
  6. 1Administration of Justice (Miscellaneous Provisions) Act 1933
  7. 2Maintenance Orders (Reciprocal Enforcement) Act 1972
  8. 3Greater London Council (General Powers) Act 1972
  9. 4Adoption Act 1976
  10. 5Adoption Act 1976
  11. 6Adoption Act 1976
  12. 7Adoption Act 1976
  13. 8Adoption Act 1976
  14. 9Adoption Act 1976
  15. 10Magistrates' Courts Act 1980
  16. 11Supreme Court Act 1981
  17. 12Supreme Court Act 1981
  18. 13Supreme Court Act 1981
  19. 14Supreme Court Act 1981
  20. 15Supreme Court Act 1981
  21. 16Supreme Court Act 1981
  22. 17Supreme Court Act 1981
  23. 18Supreme Court Act 1981
  24. 19Local Government (Miscellaneous Provisions) Act 1982
  25. 20Matrimonial and Family Proceedings Act 1984
  26. 21Criminal Justice Act 1987
  27. 22Criminal Justice Act 1987
  28. 23Criminal Justice Act 1987
  29. 24Criminal Justice Act 1988
  30. 25Criminal Justice Act 1988
  31. 26Criminal Justice Act 1988
  32. 27Criminal Justice Act 1988
  33. 28Criminal Justice Act 1988
  34. 29Road Traffic Offenders Act 1988
  35. 30Road Traffic Offenders Act 1988
  36. 31Road Traffic Offenders Act 1988
  37. 32Criminal Justice Act 1991
  38. 33Criminal Justice Act 1991
  39. 34Criminal Justice Act 1991
  40. 35Crime and Disorder Act 1998
  41. 36Crime and Disorder Act 1998
  42. 37Crime and Disorder Act 1998
  43. 38Access to Justice Act 1999
  44. 39Powers of Criminal Courts (Sentencing) Act 2000
  45. 40Powers of Criminal Courts (Sentencing) Act 2000
  46. 41Powers of Criminal Courts (Sentencing) Act 2000
  47. 42Powers of Criminal Courts (Sentencing) Act 2000
  48. 43Powers of Criminal Courts (Sentencing) Act 2000
  49. 44Powers of Criminal Courts (Sentencing) Act 2000
  50. 45Criminal Justice Act 2003
  51. 46Criminal Justice Act 2003
  52. 47Criminal Justice Act 2003
  53. 48Criminal Justice Act 2003
  54. 49Criminal Justice Act 2003
  55. 50Criminal Justice Act 2003
  56. 51Criminal Justice Act 2003
  57. 52Criminal Justice Act 2003
  58. 53Criminal Justice Act 2003
  59. Explanatory note

1Citation

This Order may be cited as the Courts Act 2003 (Consequential Amendments) Order 2004.

2Commencement

(1)

This Order comes into force on 1st September 2004.

(2)

But the amendment of any enactment by this Order—

(a)

so far as it relates to Criminal Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Criminal Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Criminal Procedure Rules made under section 69 of the Courts Act 2003,

(b)

so far as it relates to Family Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Family Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Family Procedure Rules made under section 75 of the Courts Act 2003.

3Consequential amendments and repeals

The enactments set out in the Schedule are amended and repealed as specified in that Schedule.

Signature

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Dated 18th July 2004

1Administration of Justice (Miscellaneous Provisions) Act 1933

(1)

Amend section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933f1 (procedure for indictment of offenders) as follows.

(2)

In subsection (6)f2—

(a)

for “The Lord Chancellor may make rules” substitute “Rules may make provision”, and

(b)

for “in particular for making” substitute “, in particular,”.

(3)

After subsection (6), insert—

“(6A)

In subsection (6) above “rules”—

(a)

in relation to the preferment of a bill of indictment by the direction or with the consent of a judge of the High Court, means rules made by the Lord Chancellor, and

(b)

in any other case, means Criminal Procedure Rules.”

2Maintenance Orders (Reciprocal Enforcement) Act 1972

(1)

Amend section 38Af1 of the Maintenance Orders (Reciprocal Enforcement) Act 1972f2 (rules of court) as follows.

(2)

In subsection (1), for the words preceding “may make provision” substitute “Rules of court”.

(3)

In subsection (2), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”.

(4)

Omit subsection (3)f3.

(5)

In the section heading, for “Magistrates' courts rules” substitute “Rules of court”.

3Greater London Council (General Powers) Act 1972

In section 17(3)(a) of the Greater London Council (General Powers) Act 1972f1 (duty to give information in certain cases), for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”.

4Adoption Act 1976

Amend the Adoption Act 1976f1 as follows.

5Adoption Act 1976

In section 61f1 (evidence of agreement and consent), for “rules” (in both places) substitute “Family Procedure Rules”.

6Adoption Act 1976

In section 62(2)(c)f1 (authorised county courts), for the words from “rules” onwards substitute “Family Procedure Rules”.

7Adoption Act 1976

(1)

Amend section 65 (duties of officers of the Service) as follows.

(2)

In subsection (1)f1, for “rules shall” substitute “Family Procedure Rules shall”.

(3)

In subsection (3)f2, for “Rules of court” substitute “Family Procedure Rules”.

8Adoption Act 1976

(1)

Amend section 66 (rules of procedure) as follows.

(2)

In subsection (1)—

(a)

omit “in regard to any matter to be prescribed under this Act and”, and

(b)

omit “all matters of procedure and”.

(3)

Omit subsection (2)f1.

(4)

In each of subsections (3) and (4), for “rules” substitute “Family Procedure Rules”.

(5)

In subsection (5), for “Rules” substitute “Family Procedure Rules”.

9Adoption Act 1976

In section 72(1)f1 (interpretation)—

(a)

in the definition of “prescribed”, for “rules” substitute “Family Procedure Rules”, and

(b)

omit the definition of “rules”.

10Magistrates' Courts Act 1980

Omit paragraphs 141 and 142 of Schedule 7 to the Magistrates' Courts Act 1980f1 (amendments of the Adoption Act 1976).

11Supreme Court Act 1981

Amend the Supreme Court Act 1981f1 as follows.

12Supreme Court Act 1981

In each of the following provisions, for “Crown Court Rules” substitute “Rules of court”—

(a)

section 52(1) (costs in the Crown Court),

(b)

section 73(2) (general provisions), and

(c)

section 74(2), (3) and (7)f1 (appeals and committals for sentence).

13Supreme Court Act 1981

In section 77(1)f1 (committal for trial: date of trial), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

14Supreme Court Act 1981

In section 81(2) (bail), for “Crown Court Rules” substitute “rules of court”.

15Supreme Court Act 1981

(1)

Amend section 84 (power to make rules of court) as follows.

(2)

In subsection (1)f1—

(a)

after “prescribing” insert “, except in relation to any criminal cause or matter,”, and

(b)

omit “and the criminal division of the Court of Appeal”.

(3)

In each of subsections (5) and (5A)f2—

(a)

in paragraph (a), omit “or”, and

(b)

after paragraph (b), insert—

“(c)

Criminal Procedure Rules, or

(d)

Family Procedure Rules,”.

(4)

In subsection (9)f3, after “Civil Procedure Rule Committee”, insert “, the Family Procedure Rule Committee, the Criminal Procedure Rule Committee,”.

16Supreme Court Act 1981

(1)

In section 86(1)f1 (Crown Court Rule Committee), omit—

(a)

“in relation to the Crown Court and the criminal division of the Court of Appeal”, and

(b)

paragraph (d).

17Supreme Court Act 1981

(1)

Amend section 87 (particular matters for which rules of court may provide) as follows.

(2)

In subsection (3)f1—

(a)

after “Rules of court” insert “made under section 84”, and

(b)

for “or the criminal division of the Court of Appeal” substitute “(except so far as relating to criminal causes or matters)”.

(3)

In subsection (4), for “Criminal Appeal Rules” substitute “Criminal Procedure Rules”.

(4)

In subsection (5)—

(a)

for “Crown Court Rules” substitute “Rules of court made under section 84”, and

(b)

after “such appeals” insert “(except so far as relating to criminal causes or matters)”.

18Supreme Court Act 1981

In section 151(4)f1 (interpretation), omit the definitions of “Criminal Appeal Rules” and “Crown Court Rules”.

19Local Government (Miscellaneous Provisions) Act 1982

In section 16(6) of the Local Government (Miscellaneous Provisions) Act 1982f1 (provisions supplementary to ss 14 and 15), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

20Matrimonial and Family Proceedings Act 1984

Omit paragraph 20(a) of Schedule 1 to the Matrimonial and Family Proceedings Act 1984f1 (amendment of section 62 of the Adoption Act 1976).

21Criminal Justice Act 1987

Amend the Criminal Justice Act 1987f1 as follows.

22Criminal Justice Act 1987

In section 6(6)f1 (applications for dismissal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

23Criminal Justice Act 1987

(1)

Amend section 9 (the preparatory hearing) as follows.

(2)

In subsection (6)f1—

(a)

for “Crown Court Rules” substitute “Criminal Procedure Rules”, and

(b)

in paragraph (b), for “rules under” substitute “such rules made by virtue of”.

(3)

In subsection (9), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

24Criminal Justice Act 1988

Amend the Criminal Justice Act 1988f1 as follows.

25Criminal Justice Act 1988

In section 31 (form of evidence and glossaries), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

26Criminal Justice Act 1988

(1)

Amend section 32 (evidence through television links) as follows.

(2)

In subsection (4)—

(a)

for “rules to which this section applies” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (5)f1.

27Criminal Justice Act 1988

(1)

Amend section 159 (crown court proceedings—orders restricting or preventing reports or restricting public access) as follows.

(2)

In subsection (6), omit the words preceding “Rules of Court”.

(3)

For subsection (7)(b), substitute—

“(b)

in subsection (6), before “Rules of Court” there shall be inserted “Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978”.”

28Criminal Justice Act 1988

In paragraph 4 of Schedule 2f1 (documentary evidence)—

(a)

for paragraphs (a), (b) and (c) substitute “, Criminal Procedure Rules”, and

(b)

for “authority making any of them” substitute “Criminal Procedure Rule Committee”.

29Road Traffic Offenders Act 1988

Amend the Road Traffic Offenders Act 1988f1 as follows.

30Road Traffic Offenders Act 1988

In section 12(1)(a) and (3)(a) (proof, in summary proceedings, of identity of driver of vehicle), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

31Road Traffic Offenders Act 1988

In section 13(4)(c) (admissibility of records as evidence), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

32Criminal Justice Act 1991

Amend the Criminal Justice Act 1991f1 as follows.

33Criminal Justice Act 1991

Omit section 55(5) (amendment of section 32 of the Criminal Justice Act 1988).

34Criminal Justice Act 1991

In paragraph 5(8) of Schedule 6f1 (notices of transfer: procedure in lieu of committal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

35Crime and Disorder Act 1998

Amend the Crime and Disorder Act 1998f1 as follows.

36Crime and Disorder Act 1998

(1)

Amend section 49 (powers of magistrates' courts exercisable by single justice etc.) as follows.

(2)

For subsection (2) substitute—

“(2)

Criminal Procedure Rules may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area.”

(3)

In subsection (3), for “Rules under that section” substitute “Criminal Procedure Rules”.

(4)

In subsection (4)—

(a)

for “rules under that section” substitute “Criminal Procedure Rules”, and

(b)

for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

37Crime and Disorder Act 1998

(1)

Amend Schedule 3 (procedure where persons are sent for trial under section 51) as follows.

(2)

In paragraph 2(7), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

(3)

In paragraph 4(12), in the definition of “prescribed”, for “rules made under section 144 of the 1980 Act” substitute “Criminal Procedure Rules”.

38Access to Justice Act 1999

Omit paragraph 2(7) of Schedule 3 to the Access to Justice Act 1999f1 (Criminal Defence Service: right to representation).

39Powers of Criminal Courts (Sentencing) Act 2000

Amend the Powers of Criminal Courts (Sentencing) Act 2000f1 as follows.

40Powers of Criminal Courts (Sentencing) Act 2000

(1)

Amend section 31 (rules of court) as follows.

(2)

In subsection (1)—

(a)

for “Rules of court” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (2).

41Powers of Criminal Courts (Sentencing) Act 2000

In section 63(6) (supervision orders), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

42Powers of Criminal Courts (Sentencing) Act 2000

In section 132(2) (compensation orders: appeals etc.), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

43Powers of Criminal Courts (Sentencing) Act 2000

In section 155(7) (alteration of Crown Court sentence), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

44Powers of Criminal Courts (Sentencing) Act 2000

In section 163f1 (general definitions), in the definition of “the register”, for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

45Criminal Justice Act 2003

Amend the Criminal Justice Act 2003f1 as follows.

46Criminal Justice Act 2003

(1)

Amend section 30 (further provision about new method of instituting proceedings) as follows.

(2)

In subsection (1)—

(a)

for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”, and

(b)

in paragraph (b), for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

(3)

Omit subsection (3).

47Criminal Justice Act 2003

(1)

Amend section 55 (Rules of court) as follows.

(2)

In subsection (1)—

(a)

for “Rules of Court” substitute “Criminal Procedure Rules”, and

(b)

for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3)

In subsection (2), for “Rules of court” substitute “Criminal Procedure Rules”.

(4)

In subsection (4), for “rules of court” substitute “Criminal Procedure Rules”.

48Criminal Justice Act 2003

In section 56(1) (interpretation of Part 8), omit the definition of “rules of court”.

49Criminal Justice Act 2003

For section 111(7) (definitions) substitute—

“(7)

In this section “prescribed” means prescribed by rules of court.”

50Criminal Justice Act 2003

In section 127(7) (expert evidence: preparatory work)—

(a)

for “rules made” substitute “Criminal Procedure Rules made by virtue of”,

(b)

in paragraph (a), omit “under”, and

(c)

in paragraph (b), omit “under section 144 of the Magistrates' Courts Act 1980 (c. 43) by virtue of”.

51Criminal Justice Act 2003

For section 132(10) (definitions), substitute—

“(10)

In this section “prescribed” means prescribed by rules of court”.

52Criminal Justice Act 2003

In paragraph 5 of Schedule 6 (evidence of bad character: armed forces), for “, in subsection (7), the definition of” substitute “the expression”.

53Criminal Justice Act 2003

For paragraph 2(6) of Schedule 7 (hearsay evidence: armed forces), substitute—

“(6)

Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.”

Explanatory note

(This note is not part of the Order)

This Order makes a number of amendments to primary legislation which are consequential to sections 68 to 70 (concerning Criminal Procedure Rules) and sections 75 to 77 (concerning Family Procedure Rules) of the Courts Act 2003. This Order comes into force on 1st September 2004, but shall not affect the general operation of the enactments amended—

(a)

in so far as they relate to Criminal Procedure Rules, until the first Criminal Procedure Rules come into force, and

(b)

in so far as they relate to Family Procedure Rules, until the first Family Procedure Rules come into force.

Section 69 of the Courts Act 2003 confers power on the Criminal Procedure Rule Committee to make rules of court (to be known as “Criminal Procedure Rules”) governing the practice and procedure to be followed in the criminal courts. The criminal courts are defined in section 68 of that Act as the criminal division of the Court of Appeal and (when dealing with any criminal cause or matter) the Crown Court and magistrates' courts.

Section 75 of the Courts Act 2003 confers power on the Family Procedure Rule Committee to make rules of court (to be known as “Family Procedure Rules”) governing the practice and procedure to be followed in family proceedings in the High Court, county courts and magistrates' courts.

This Order makes consequential amendments and repeals to the rule-making powers in:

  • Administration of Justice (Miscellaneous Provisions) Act 1933, section 2(6)

    • This section provides for the indictment of offenders. Subsection (6) allows the Lord Chancellor to make rules to carry this section into effect. Following the commencement of section 69 of the Courts Act 2003, part of that power to make rules will come within the scope of Criminal Procedure Rules. This Order makes amendments transferring that part of that power to the Criminal Procedure Rule Committee.

  • Adoption Act 1976, section 66

    • This section provides for the Lord Chancellor to make procedural and incidental rules. Following the commencement of section 75 of the Courts Act 2003, part of that power to make rules will come within the scope of Family Procedure Rules. This Order makes amendments transferring that part of that power to the Family Procedure Rule Committee.

  • Supreme Court Act 1981, section 84

    • Sections 84(1) and 86(1) of the Supreme Court Act 1981 confer power on the Crown Court Rule Committee to make rules for the purpose of regulating and prescribing the practice and procedure to be followed in the Crown Court and the criminal division of the Court of Appeal.

    • In order to give full effect to section 69 of the Courts Act 2003, section 84(1) of the 1981 Act is amended so as to exclude, from the scope of that power, proceedings in the Crown Court relating to any criminal cause or matter.

This Order makes further minor consequential amendments and repeals.

This Order does not impose any new charges on businesses.