The Magistrates' Courts (Parenting Orders) Rules 2004

Statutory Instruments

2004 No. 247 (L.3)

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Parenting Orders) Rules 2004

Made

1st February 2004

Laid before Parliament

6th February 2004

Coming into force

27th February 2004

The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980(1), and after consultation with the rule committee appointed by him under that section, hereby makes the following Rules:

Citation, interpretation and commencement

1.  These Rules may be cited as the Magistrates' Courts (Parenting Orders) Rules 2004 and shall come into force on 27th February 2004.

2.  In these Rules the “2003 Act” means the Anti-social Behaviour Act 2003(2).

Parenting Orders under the Anti-social Behaviour Act 2003

3.  An application for a parenting order made under section 20 of the 2003 Act shall be made by complaint and in the form set out at Schedule 1 or a form to like effect.

4.  A parenting order made under section 20 of the 2003 Act shall be in the form set out at Schedule 2 or a form to like effect.

5.  An application for a parenting order made under section 26 of the 2003 Act shall be made by complaint and in the form set out at Schedule 3 or a form to like effect.

6.  A parenting order made under section 26 of the 2003 Act shall be in the form set out at Schedule 4 or a form to like effect.

Parenting Orders under the Crime and Disorder Act 1998

7.  A parenting order made under section 8 of the Crime and Disorder Act 1998(3) shall be in the form set out at Schedule 5 or a form to like effect.

Parenting Orders under the Powers of Criminal Courts (Sentencing) Act 2000

8.  A parenting order made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000(4) shall be in the form set out at Schedule 6 or a form to like effect.

Application for variation or discharge

9.  An application for the variation or discharge of an order made under section 20(3) or section 26(3) of the 2003 Act, or under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 shall be made by complaint to the magistrates' court which made the order, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

Falconer of Thoroton, C.

Dated 1st February 2004

Rule 3

SCHEDULE 1

Application for Parenting Order (Anti-social Behaviour Act 2003, section 20)

Rule 4

SCHEDULE 2

Parenting Order (Anti-social Behaviour Act 2003, section 20)

Rule 5

SCHEDULE 3

Application for Parenting Order (Anti-social Behaviour Act 2003, section 26)

Rule 6

SCHEDULE 4

Parenting Order (Anti-social Behaviour Act 2003, section 26)

Rule 7

SCHEDULE 5

Parenting Order (Crime and Disorder Act 1998, section 8)

Rule 8

SCHEDULE 6

Parenting Order (Powers of Criminal Courts (Sentencing) Act 2000, Schedule 1, paragraph 9D)

Explanatory Note

(This note is not part of the Rules)

These Rules set out the procedure in relation to parenting orders under sections 20 and 21, and sections 26 and 27 of the Anti-social Behaviour Act 2003, and provide forms in relation to these parenting orders. They also provide a form for parenting orders made under section 8 of the Crime and Disorder Act 1998, and a form for parenting orders made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000. The procedures to be followed when applying for and varying or discharging parenting orders are also set out.

Parenting orders were introduced by the Crime and Disorder Act 1998. Sections 20 and 26 of the Anti-social Behaviour Act 2003 and section 324 of the Criminal Justice Act 2003 extend the situations in which parenting orders can be made. Sections 20 and 21 set out provisions for local education authorities to apply for parenting orders where the child has been excluded from school. Sections 26 and 27 set out provisions to extend the circumstances for parenting orders in respect of criminal conduct or anti-social behaviour. Parenting orders require the parent(s) or guardian(s) of a child who has been excluded from school, failed to attend school regularly or who is involved in anti-social or criminal behaviour, to attend a counselling and guidance programme if it is desirable in the interests of improving the child's/young person’s behaviour or school attendance, or in preventing the child or young person from engaging in further criminal conduct or anti-social behaviour. Parenting orders may include other requirements including a requirement to attend a residential course.

These Rules will come into force on 27th February 2004.

(1)

1980 c. 43; section 144 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 and by sections 78(2) and 90(1) of, and paragraphs 26 and 29 of Schedule 11 and paragraphs 95 and 116 of Schedule 13 to, the Access to Justice Act 1999.

(2)

2003 c. 38.

(3)

1998 c. 37; section 8 was amended by section 18 of the Anti-social Behaviour Act 2003.

(4)

2000 c. 6; paragraph 9D of Schedule 1 was inserted by section 324 and paragraph 6 of Schedule 34 to the Criminal Justice Act 2003.