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The Courts Act 2003 (Commencement No. 12 and Transitional Provision) Order 2005

S.I. 2005/3518 · Made 16 December 2005

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SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

Made 16th December 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. section 108(6) is amended by sections 15(1) of, and paragraphs 308 and 348 of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4), from a date to be appointed.

Contents

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

1Citation

This Order may be cited as the Courts Act 2003 (Commencement No. 12 and Transitional Provision) Order 2005.

2Commencement of provisions of the Courts Act 2003

Subject to article 3, the following provisions of the Courts Act 2003 shall come into force on 10th January 2006—

(a)

in Schedule 8 (minor and consequential amendments), paragraphs 242 and 254 (Magistrates' Courts Act 1980);

(b)

in Schedule 10 (repeals), the repeal of sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980f1; and

(c)

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

3Commencement of provisions of the Courts Act 2003

The following provisions of the Courts Act 2003 shall come into force on 6th April 2006—

(a)

subsection (1)(a), (b), and (c) and subsection (3)(a) and (b) of section 98 (register of judgments and orders etc);

(b)

paragraph 16 of Schedule 9 (transitional provisions and savings);

(c)

in Schedule 10 (repeals), the repeal of sections 73 and 73A of the County Courts Act 1984f1; and

(d)

section 109(2) and (3) to the extent necessary for the purposes of paragraphs (b) and (c).

4Transitional provision

Sections 137(1) and 138 of, and Part 1 of Schedule 6 to, the Magistrates' Courts Act 1980 are to continue to have effect for the purposes of an application under the following sections of the Adoption Act 1976f1—

(a)

section 20 (revocation of a section 18 order);

(b)

section 27(1) or (2) (restriction on removal of child where adoption pending or application made under section 18); and

(c)

section 29 (return of child taken away in breach of section 27).

Signature

Falconer of Thoroton, C

Date 16th December 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force on 10th January 2006 the following provisions of the Courts Act 2003 (c. 39) (“the 2003 Act”)—

(a)

in Schedule 8, the amendments in paragraphs 242 and 254 (which omit sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980); and

(b)

in Schedule 10, the repeal of sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980 (c. 43) (fees).

These provisions are brought into force subject to the transitional provisions in article 3 by virtue of which section 137(1) (power to charge fees) and section 138 (remission of fees) of, and Schedule 6 (list of fees) to, the Magistrates' Court Act 1980 will continue to apply to applications under section 20 (revocation of freeing order), 27(1) or (2) (restriction on removal of children) and 29 (recovery order) of the Adoption Act 1976 (c. 36).

This Order also brings into force the remaining provisions of section 98 of the 2003 Act, with the exception of subsection (1)(d), on 6th April 2006. In addition, it brings into force certain other provisions of the 2003 Act which are consequential on the commencement of section 98.

Section 98 was partially brought into force by Article 2(c)(i) of the Courts Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/3345).