The Magistrates' Courts (Procedure) Act 1998 (Commencement No. 1) Order 1998

Statutory Instruments

1998 No. 1837 (C.38)

MAGISTRATES' COURTS

The Magistrates' Courts (Procedure) Act 1998 (Commencement No. 1) Order 1998

Made

27th July 1998

The Lord Chancellor, in exercise of the powers conferred on him by section 5(2) and (3)(b) of the Magistrates' Courts (Procedure) Act 1998(1), hereby makes the following Order:

1.  This Order may be cited as the Magistrates' Courts (Procedure) Act 1998 (Commencement No. 1) Order 1998, and in this Order “the Act” means the Magistrates' Courts (Procedure) Act 1998.

2.  Subject to the following articles of this Order, sections 2, 3 and 4 of the Act shall come into force on 1st September 1998.

3.  Section 2 of the Act shall apply to a person convicted as described in section 13(3A)(a) of the Road Traffic Offenders Act 1988(2) on or after 1st September 1998, and section 13 of the Road Traffic Offenders Act 1988 shall apply to any person so convicted before that date as if the Act had not been passed.

4.  Section 3 of the Act shall apply where the information is substantiated on oath, or the accused is convicted, on or after 1st September 1998 and not otherwise.

Irvine of Lairg, C.

Dated 27th July 1998

Explanatory Note

(This note is not part of the Order)

This Order brings into force sections 2, 3 and 4 of the Magistrates' Courts (Procedure) Act 1998 on 1st September 1998 and includes transitional provisions in connection with sections 2 and 3. Section 5 of that Act came into force on Royal Assent; section 1 is not yet in force.

(1)

1998 c. 15.

(2)

1988 c. 53: section 13(3A) is inserted by section 2 of the Act.