OpenLegislation

The Youth Courts and Family Proceedings Courts (Constitution) (Amendment) Rules 2000

S.I. 2000/1873 · Made 14 July 2000

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

PROCEDURE

Made 14th July 2000

Laid before Parliament 18th July 2000

Coming into force in accordance with rule 1

The Lord Chancellor, in exercise of the powers conferred on him by section 144 of the Magistrates' Courts Act 1980f1, after consultation with the Rule Committee appointed under that section, hereby makes the following Rules:—

Annotations to the whole text

Footnotes

f1

1980 c. 43; section 144 is extended by sections 67 and 146 and section 67 was amended by paragraph 8 of Schedule 11 to the Children Act 1989 (c. 41).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. Signature
  6. Explanatory note

1

These Rules may be cited as the Youth Courts and Family Proceedings Courts (Constitution) (Amendment) Rules 2000 and shall come into force on the day on which section 78 of the Access to Justice Act 1999f1 comes into force.

2

In rule 2(1) (Interpretation) of the Family Proceedings Courts (Constitution) Rules 1991f1 and rule 2 (Interpretation) of the Family Proceedings Courts (Constitution) (Metropolitan Areas) Rules 1991f2, for the definition of “stipendiary magistrate” there shall be substituted the following definition:—

  • ““District Judge (Magistrates' Courts)” means a District Judge (Magistrates' Courts) appointed under section 10A(1) of the Justices of the Peace Act 1997f3 or a Deputy District Judge (Magistrates' Courts) appointed under section 10B(1) of that Act.”

3

The Youth Courts (Constitution) Rules 1954f1 shall be amended by—

(a)

the deletion of rule 2;

(b)

the substitution in paragraph (1) of rule 9 for the word “person” of the words “District Judge (Magistrates' Courts) or a justice”;

(c)

the deletion in rule 11 of the words “from the panel”;

(d)

the substitution, in paragraph (1)(a) of rule 12 for the words “stipendiary magistrate” of the words “District Judge (Magistrates' Courts)”;

(e)

the substitution for paragraph (1) of rule 13 of the following paragraph:

“(1)

Except as provided in paragraphs (1A) and (2) of this Rule, each youth court, other than one consisting of a District Judge (Magistrates' Courts) sitting alone, shall sit under the chairmanship of a District Judge (Magistrates' Courts), if a District Judge (Magistrates' Courts) is sitting as a member of the court or, otherwise, the chairman or a deputy chairman elected under Rule 9 of these Rules.”;

(f)

the substitution in paragraph (1A) of rule 13 for the words “the chairman or a deputy chairman” of the words “a District Judge (Magistrates' Courts) or the chairman or a deputy chairman” and the insertion, in that paragraph, after the words “provided that”, of the words “a District Judge (Magistrates' Courts),”; and

(g)

the substitution in paragraph (2) of rule 13 for the words “the chairman or a deputy chairman” of the words “a District Judge (Magistrates' Courts) or the chairman or a deputy chairman”.

4

In each of the following provisions for any reference to “stipendiary magistrate” or “stipendiary magistrates” there shall be substituted a reference to “District Judge (Magistrates' Courts)” or “District Judges (Magistrates' Courts)”, as the case may be:—

(a)

rules 5(3) and 10(3) and (4) of the Family Proceedings Courts (Constitution) Rules 1991;

(b)

rules 4(4) and 7(3), (4) and (5) of the Family Proceedings Courts (Constitution) (Metropolitan Areas) Rules 1991.

Signature

Irvine of Lairg, C.

14th July 2000

Explanatory note

(This note is not part of the Rules)

These Rules amend the following Rules to take account of the coming into force of section 78 of, and Schedule 11 to, the Access to Justice Act 1999 (c. 22) which unify and rename the stipendiary bench:—

Rule 2 of the 1954 Rules is deleted because the amendments made by section 78 of, and paragraph 12 of Schedule 11 to, the Access to Justice Act 1999 provide that a District Judge (Magistrates' Courts) is qualified to sit as a member of a youth court without being a member of a youth court panel and that a youth court may consist of a District Judge (Magistrates' Courts) sitting alone. The other amendments of the 1954 Rules, in rule 3 of these Rules, are to ensure that where the justices constituting a youth court in accordance with rule 12(1) of the 1954 Rules include a District Judge (Magistrates' Courts) he acts as chairman (subject to paragraphs (1A) and (2) of rule 13), and to amend a reference to a stipendiary magistrate to refer to a District Judge (Magistrates' Courts).