The Courts Act 2003 (Commencement No. 12 and Transitional Provision) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 10th January 2006 the following provisions of the Courts Act 2003 (c. 39) (“the 2003 Act”)—

(a) in Schedule 8, the amendments in paragraphs 242 and 254 (which omit sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980); and

(b) in Schedule 10, the repeal of sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980 (c. 43) (fees).

These provisions are brought into force subject to the transitional provisions in article 3 by virtue of which section 137(1) (power to charge fees) and section 138 (remission of fees) of, and Schedule 6 (list of fees) to, the Magistrates' Court Act 1980 will continue to apply to applications under section 20 (revocation of freeing order), 27(1) or (2) (restriction on removal of children) and 29 (recovery order) of the Adoption Act 1976 (c. 36).

This Order also brings into force the remaining provisions of section 98 of the 2003 Act, with the exception of subsection (1)(d), on 6th April 2006. In addition, it brings into force certain other provisions of the 2003 Act which are consequential on the commencement of section 98.

Section 98 was partially brought into force by Article 2(c)(i) of the Courts Act 2003 (Commencement No. 1) Order 2003 (S.I. 2003/3345).