The Fugitive Offenders (Forms) (Amendment) Regulations 2000

Statutory Instruments

2000 No. 2210

EXTRADITION

The Fugitive Offenders (Forms) (Amendment) Regulations 2000

Made

7th August 2000

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred on him by section 28(2) of the Extradition Act 1989(1), hereby makes the following Regulations:

1.  These Regulations may be cited as the Fugitive Offenders (Forms) (Amendment) Regulations 2000 and shall come into force on the day on which section 78 of the Access to Justice Act 1999(2) comes into force.

2.  The Schedule to the Fugitive Offenders (Forms) Regulations 1967(3) shall be amended—

(a) by the substitution in Form 1 for the words “To the Chief Metropolitan Stipendiary Magistrate” of the words “To the Senior District Judge (Chief Magistrate) (or To. . . , a District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate))”;

(b) by the substitution in Forms 2 and 3 for the words “metropolitan stipendiary magistrate sitting at Bow Street magistrates' court” and in Forms 1, 4 and 5 for the words “metropolitan stipendiary magistrate” in each place where they occur, of the words “District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate)”;

(c) by the substitution in Forms 2, 3 and 4 for the words “Metropolitan Stipendiary Magistrate” of the words “Senior District Judge (Chief Magistrate) (or. . . District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate)”;

(d) by the substitution in Forms 2, 3, 4 and 5 for the words “metropolitan police force” of the words “. . . police force”;

(e) by the deletion in Forms 2, 3 and 4 of the words “In the inner London area”; and

(f) by the substitution in Forms 3, 4 and 5 for the words “in the inner London area” of the words “in the United Kingdom”.

Barbara Roche

Minister of State

Home Office

7th August 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Fugitive Offenders (Forms) Regulations 1967 (S.I. 1967/1257) 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.

(1)

1989 c. 33. Section 28(2) was amended by the Hong Kong (Extradition) Order 1997 (S.I. 1997/1178) and sections 8 to 10 and 24 and Schedule 1 by paragraphs 31 to 36 of Schedule 11 to the Access to Justice Act 1999 (c. 22).

(2)

1999 c. 22. Section 78 comes into force on such day as the Lord Chancellor appoints under section 108(1) and substitutes for sections 11 to 20 of the Justices of the Peace Act 1997 (c. 25) which provide for stipendiary magistrates, metropolitan stipendiary magistrates and a Chief Metropolitan Stipendiary Magistrate new sections 10A to 10E which provide for District Judges Magistrates' Courts and a Senior District Judge (Chief Magistrate) in place of them; paragraph 22 of Schedule 14 provides for any person who is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time section 78 comes into force to be treated (unless he would have been required by reason of his age to vacate his office) as having been appointed to be a District Judge (Magistrates' Courts) at that time.

(3)

S.I. 1967/1257.