The Magistrates' Courts (Miscellaneous Amendments) Rules 1998

Explanatory Note

(This note is not part of the Rules)

These Rules make a number of amendments to the Youth Courts (Constitution) Rules 1954, the Justices' Clerks Rules 1970, the Magistrates' Courts Rules 1981 and the Magistrates' Courts (Children and Young Persons) Rules 1992 which are necessary or desirable in connection with certain provisions in the Crime and Disorder Act 1998 (c. 37).

Rule 2 amends the 1954 Rules to extend the circumstances in which a stipendiary magistrate for an area other than a metropolitan area can sit alone in a youth court. This amendment complements a similar amendment in respect of metropolitan areas in section 48 of the 1998 Act.

Rule 3 amends the Justices' Clerks Rules 1970 by adding to the functions of a single justice which may be exercised by a justices' clerk or certain persons appointed to assist a justices' clerk. Parts of this rule are only brought into force in the areas listed in rule 3(4).

Rule 4 amends the Magistrates' Courts Rules 1981 by providing that applications for parenting, child safety, action plan and reparation orders to be varied or discharged shall be by complaint. Rule 4 also makes a number of minor amendments to the 1981 Rules.

Rule 5 amends the Magistrates' Courts (Children and Young Persons) Rules 1992 to provide that Part II of those Rules applies to proceedings for the enforcement of action plan and reparation orders under Schedule 5 to the 1998 Act.

The amendments come into force on 30th September 1998.