- Draft Statutory Instrument 2005 No.
The Family Procedure (Modification of Enactments) Order 2005
© Crown Copyright 2005
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Draft Order laid before Parliament under section 108(2) and (3) of the Courts Act 2003, for approval by resolution of each House of Parliament.
| Made | |||
| Coming into force | 30th December 2005 |
The Lord Chancellor makes the following Order in exercise of the powers conferred by section 80 of the Courts Act 2003[1].
1. This Order may be cited as the Family Procedure (Modification of Enactments) Order 2005 and shall come into force on 30th December 2005.
2. In section 97(1)(a) and (2) of the Magistrates' Courts Act 1980 (summons to witness)[2] after "hearing of a complaint" insert "or of an application under the Adoption and Children Act 2002 (c. 38)".
Signed by authority of the Lord Chancellor
Parliamentary Under Secretary of State, Department for Constitutional Affairs
Date
(This note is not part of the Order)
This Order amends section 97(1)(a) of the Magistrates' Courts Act 1980 (c.38) so as to enable a justice of the peace at the hearing of an application under the Adoption and Children Act 2002 (c.38) to issue a witness summons. It also amends section 97(2) to prevent a warrant being issued instead of a summons in the hearing of an application under the 2002 Act.
Notes:
[1] 2003 c.39. Section 80 is amended by section 15(1) of, and paragraphs 208 and 343 of Schedule 4 to, the Constitutional Reform Act 2005 (c.4) from a date to be appointed.back
[2] 1980 c.43. Section 97(1) is substituted by section 169(2) of the Serious Organised Crime and Police Act 2005 (c.15).back
ISBN 0 11 073465 3