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The Courts Act 2003 (Commencement No. 11 and Transitional Provision) Order 2005

S.I. 2005/2744 · Made 5 October 2005

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.

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

Made 5th October 2005

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 108(6) and 110 of the Courts Act 2003f1.

Annotations to the whole text

Footnotes

f1

2003 c. 39.

Contents

  1. 1Citation
  2. 2Commencement of provisions of the Courts Act 2003
  3. 3Transitional provision
  4. Signature
  5. Explanatory note

1Citation

This Order may be cited as the Courts Act 2003 (Commencement No. 11 and Transitional Provision) Order 2005.

2Commencement of provisions of the Courts Act 2003

(1)

The provisions of the Courts Act 2003 referred to in paragraph (2) shall come into force on 7th October 2005 for the purpose only of making Family Procedure Rules in respect of—

(a)

all causes and matters (whether at first instance or appeal) relating to adoption including the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(b)

all proceedings for the purpose of enforcing an order made in proceedings described in sub-paragraph (a).

(2)

The provisions referred to in paragraph (1) are—

(a)

section 75 (Family Procedure Rules);

(b)

section 76 (further provision about scope of Family Procedure Rules);

(c)

section 79 (process for making Family Procedure Rules); and

(d)

section 80 (power to amend legislation in connection with the rules).

(3)

Paragraph 245(1) and (2) of Schedule 8 (Magistrates' Courts Act 1980) in so far as it is not already in force, and section 109(1) in so far as it relates to that paragraph, shall come into force on 7th October 2005 for the purposes of family proceedings as defined by section 65(1)(h), as substituted by the Adoption and Children Act 2002, of the Magistrates' Courts Act 1980f1 (meaning of family proceedings).

3Transitional provision

With effect from 7th October 2005, section 40(2) (family proceedings rules) of the Matrimonial and Family Proceedings Act 1984f1 shall have effect as if, after “Supreme Court Act 1981” there were inserted—

“; and (c) Family Procedure Rules made by the Family Procedure Rule Committee under section 75 of the Courts Act 2003 (c. 39) in respect of—

(i)

all causes and matters (whether at first instance or appeal) relating to adoption including the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(ii)

all proceedings for the purpose of enforcing an order made in proceedings described in sub-paragraph (c)(i)”.

Signature

Signed by authority of the Lord Chancellor

Cathy Ashton

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

5th October 2005

Explanatory note

(This note is not part of the Order)

This Commencement Order brings into force on 7th October 2005 the following provisions of the Courts Act 2003—

(a)

the power to make Family Procedure Rules (section 75) and the further provision about their scope (section 76) including the power for the rules to refer to provision made about a matter in a practice direction (section 76(8));

(b)

the process for making Family Procedure Rules (section 79);

(c)

the power to amend legislation in connection with Family Procedure rules (section 80)

for the purpose only of making Family Procedure Rules in respect of matters relating to adoption, including appeals and the enforcement of an order made in such proceedings.

This Order also brings into force section 109(1) and Schedule 8, paragraph 245(1) and (2) for the purposes of family proceedings as defined by section 65(1)(h) of the Magistrates' Courts Act 1980 (c. 43), that definition having been substituted by the Adoption and Children Act 2002 (c. 38). The effect of implementing this paragraph is that the Lord Chancellor will not have power to make rules under section 144 of the Magistrates' Courts Act 1980 (c. 43) in relation to proceedings under the Adoption and Children Act 2002 (c. 38).

This Order contains a transitional provision amending section 40(2) of the Matrimonial and Family Proceedings Act 1984 (c. 42) to provide that rules for family proceedings cannot be made under that section in respect of any matter in which the Family Procedure Rule Committee has power to make rules.