The Magistrates' Courts (Children and Young Persons) (Amendment) Rules 2001

Statutory Instruments

2001 No. 165 (L.2)

MAGISTRATES' COURTS, ENGLAND AND WALES

The Magistrates' Courts (Children and Young Persons) (Amendment) Rules 2001

Made

24th January 2001

Laid before Parliament

26th January 2001

Coming into force

19th February 2001

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980(1), as extended by section 145 of that Act, and after consultation with the rule committee constituted by section 144 of that Act, makes the following Regulations:

Citation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Children and Young Persons) (Amendment) Rules 2001 and shall come into force on 19th February 2001.

Interpretation

2.  In these Rules, any reference to a form by number alone means the form so numbered in Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 1992(2).

Amendments to the Magistrates' Courts (Children and Young Persons) Rules 1992

3.—(1) Form 6 (Warrant for arrest; proceedings in respect of supervision order) shall be amended as follows.

(2) For “each and all the constables of ” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

4.—(1) Form 9 (Warrant of arrest for failure to comply with requirements of attendance centre order or on breach of Attendance Centre Rules) shall be amended as follows.

(2) After “Police Force” there shall be inserted “/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [delete as appropriate]”.

Signed by authority of the Lord Chancellor

Jane Kennedy

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 24th January 2001

Explanatory Note

(This note is not part of the Rules)

These Rules amend two forms in Schedule 2 to the Magistrates' Courts (Children and Young Persons) Rules 1992 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. Forms 6 and 9 are amended to provide for warrants to be directed to civilian enforcement officers and approved enforcement agencies as well as to police officers.

(1)

1980 c. 43.

(2)

S.I. 1992/2071, as amended by S.I. 1997/2420.