The Magistrates' Courts (Amendment) Rules 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates' Courts Rules 1981 to accommodate the changes effected by sections 92 to 97 of the Access to Justice Act 1999, relating to the execution of warrants issued by magistrates' courts. In particular they provide for:

(a) the execution of warrants by police officers anywhere in England and Wales;

(b) the execution of certain warrants by civilian enforcement officers and the employees of approved enforcement agencies, whether or not the warrant is directed to them;

(c) the procedure to be followed when a warrant is to be executed by a person who does not have it in his possession;

(d) the extension of the period within which a warrant for distress may be executed;

(e) the taking of recognizances by a civilian authorised to execute a warrant of arrest;

(f) civilians executing warrants to produce identifying documents;

(g) certain warrants to cease to have effect upon an offer of payment or production of a receipt from the court or, as the case may be, the charging or billing authority;

(h) warrants of arrest in maintenance cases to cease to have effect upon registration or cancellation of registration of the order with a court.