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The Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004

S.I. 2004/3123 · Made 17 November 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

Made 17th November 2004

The Lord Chancellor, in exercise of the powers conferred upon him by sections 108(6), 109(4) and (5) and 110 of the Courts Act 2003f1 hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 39.

Contents

  1. 1Citation and interpretation
  2. 2Commencement of provisions of the Courts Act 2003
  3. 3Revocations and savings
  4. 4Amendment to subordinate legislation
  5. Signature
  6. Schedule
  7. 1Part 1
  8. 2Part 2
  9. 3Part 3
  10. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004.

(2)

In this Order a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Courts Act 2003.

2Commencement of provisions of the Courts Act 2003

The following provisions of the Courts Act 2003 come into force on the 4th January 2005—

(a)

section 92;

(b)

in Schedule 8 (minor and consequential amendments)—

(i)

paragraph 263 (fees to be taken in the Supreme Court);

(ii)

paragraph 276 (fees);

(iii)

paragraph 277;

(iv)

paragraph 278(b) (fees in family proceedings);

(c)

in Schedule 10 (repeals)—

(i)

the repeal of section 130 of the Supreme Court Act 1981f1;

(ii)

the repeal of section 128 of the County Courts Act 1984f2;

(iii)

the repeal of the definition of “fees orders” in section 147(1) of the County Courts Act 1984;

(iv)

the repeal of section 41 of the Matrimonial and Family Proceedings Act 1984f3;

(d)

section 109(1) and (3) to the extent necessary for those amendments and repeals.

3Revocations and savings

(1)

The repeals of —

(a)

section 130 of the Supreme Court Act 1981;

(b)

section 128 of the County Courts Act 1984;

(c)

section 41 of the Matrimonial and Family Proceedings Act 1984;

shall revoke the Orders specified in Part 1 of the Schedule, except as to—

(i)

any fee or other sum due under any such Orders before 4th January 2005;

(ii)

any refund of fees due or payable under any such Orders before 4th January 2005;

(iii)

any reduction or remission of fees under any such Orders before 4th January 2005.

(2)

The repeal of section 130 of the Supreme Court Act 1981 shall not revoke the Orders specified in Part 2 of the Schedule in so far as they are made under that section.

4Amendment to subordinate legislation

The subordinate legislation set out in Part 3 of the Schedule is amended as specified in that Part.

Signature

Signed by authority of the Lord Chancellor

Christopher Leslie

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 17th November 2004

1

TitleReference
The Supreme Court Fees Order 1999S.I. 1999/687
The County Court Fees Order 1999S.I. 1999/689
The Non-Contentious Probate Fees Order 1999S.I. 1999/688
The Family Proceedings Fees Order 1999S.I. 1999/690

2

TitleReference
The Supreme Court (Review of Taxation in Criminal Cases) Fees Order 1984S.I. 1984/340
The Supreme Court (Review of Taxation in Criminal Cases) Fees (Amendment) Order 2003S.I. 2003/647
The Deeds of Arrangement Fees Order 1984S.I. 1984/887

3

In regulation 3(3)(b) for “section 41 of the Matrimonial and Family Proceedings Act 1984 (Fees in family proceedings).” substitute “section 92 of the Courts Act 2003 (Fees).”.

Explanatory note

(This note is not part of the Order)

This Order brings into force on the 4th January 2005 section 92 of the Courts Act 2003 (Fees) and with savings the following minor and consequential amendments and repeals—

  • in Schedule 8, the amendments in paragraphs 263, 276, 277 and 278(b);

  • in Schedule 10, the repeals of section 130 of the Supreme Court Act 1981, section 128 of the County Courts Act 1984, section 41 of the Matrimonial and Family Proceedings Act 1984 and the repeal of the definition of “fees orders” in section 147(1) of the County Courts Act 1984;

and provides for a consequential amendment to the Parental Responsibility Agreement Regulations 1991.