This Statutory Instrument has been made in consequence of a defect in S.I.2005/547 and is being issued free of charge to all known recipients of that Statutory Instrument.
2005 No. 910 (C. 39)
The Courts Act 2003 (Commencement No. 10) Order 2005
Made
The Lord Chancellor, in exercise of the powers conferred upon him by section 110 of the Courts Act 20031 hereby makes the following Order:
Citation1
This Order may be cited as the Courts Act 2003 (Commencement No. 10) Order 2005.
Revocation2
The Courts Act 2003 (Commencement No. 9, Savings, Consequential and Transitional Provisions) Order 20052 is revoked.
Commencement of Provisions of the Courts Act 20033
The following provisions of the Courts Act 2003 come into force on the 1st April 2005 –
a
section 1 (The general duty);
b
sections 2 and 3 (Court staff and accommodation);
c
section 5 (Functions of courts boards);
d
section 6 to the extent not already in force (Abolition of magistrates' courts committees, etc.);
e
sections 7 and 8 (The commission of the peace and local justice areas);
f
sections 9 to 16 (Lay justices);
g
sections 17 and 18 (Chairman and deputy chairmen and the bench);
h
sections 19 to 21 (Supplementary provisions about the bench);
i
sections 22 to 26 (District Judges (Magistrates' Courts));
j
sections 27 to 29 (Justices' clerks and assistant clerks);
k
section 30 (Places, dates and times of sittings);
l
sections 31 to 35 (Protection and indemnification of justices and justices' clerks);
m
sections 36 and 37 (Fines officers and designated officers);
n
sections 38 to 40 (Application of receipts of magistrates' courts etc.);
o
sections 41 (Miscellaneous);
p
sections 43 to 46 and Schedule 3 (Criminal jurisdiction and procedure);
q
sections 47 and 48 (Civil jurisdiction and procedure);
r
sections 49, 50(1) and (4) (Family proceedings and youth courts);
s
sections 51 to 57 (Court security);
t
sections 58 to 61 (Inspectors of court administration);
u
section 65 (District Judges (Magistrates' Courts) as Crown Court judges etc.);
v
sections 88 to 91 (Provisions relating to criminal procedure and appeals and Courts-Martial Appeal Court procedure and appeals);
w
sections 100 and 101 (Periodical payments);
x
section 105 (Extension of time for criminal appeals to House of Lords: Northern Ireland);
y
Schedule 8 (Minor and consequential amendments) in so far as it is not already in force, with the exception of the following–
i
paragraph 91(2) (Maintenance Orders Act 19503);
ii
paragraph 242 (Magistrates' Courts Act 19804);
iii
paragraph 245(1) and 245(2) (Magistrates' Courts Act 1980) to the extent that it creates an exception in relation to “family proceedings”;
iv
paragraph 245(1) and 245(3) to the extent that it omits the reference to “the President of the Family Division of the High Court” from section 144(2) of the Magistrates' Court Act 1980;
v
paragraph 254 (Magistrates' Courts Act 1980);
vi
paragraph 272 (County Courts Act 19845);
vii
paragraph 278(a) (Matrimonial and Family Proceedings Act 19846);
viii
paragraph 337 (Children Act 19897);
ix
paragraph 349 (Courts and Legal Services Act 19908);
z
Schedule 9 (Transitional provisions) in so far as it is not already in force, with the exception of paragraph 16;
aa
Schedule 10 (Repeals) in so far as it is not already in force, with the exception of the following repeals–
i
the repeal of section 25(1) of the Maintenance Orders Act 1950;
ii
the repeal of sections 137 and 138 of, and Schedule 6 and paragraph 8 of Schedule 7 to, the Magistrates' Courts Act 1980;
iii
the repeal of the reference to “the President of the Family Division of the High Court” in section 144(2) of the Magistrates' Courts Act 1980;
iv
the repeal of sections 73 and 73A of the County Courts Act 1984;
v
the repeal of section 40 of the Matrimonial and Family Proceedings Act 1984;
vi
the repeal of section 97(7)(a) of the Children Act 1989;
vii
the repeal of paragraph 50 of Schedule 18 to the Courts and Legal Services Act 1990;
viii
the repeal of paragraph 11(2) of Schedule 2 to the Maintenance Enforcement Act 19919;
ix
the repeal of section 2(6) to (8) of, and paragraph 3 of Schedule 2 to, the Civil Procedure Act 199710;
bb
section 109(1), (2) and (3) to the extent necessary for those amendments and repeals.
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I.No. |
---|---|---|
Section 4 | 1.6.04 | |
Section 6 (partially) | 1.9.04 | |
Section 62 | 26.1.04 | |
Section 63 | 26.1.04 | |
Section 64 | 26.1.04 | |
Section 66 (partially) | 26.1.04 | |
Section 67 | 26.1.04 | |
Section 68 | 26.1.04 | |
Section 69 | 1.9.04 | |
Section 70 | 26.1.04 | |
Section 71 | 26.1.04 | |
Section 72 | 1.9.04 | |
Section 73 | 1.9.04 | |
Section 74 | 26.1.04 | |
Section 77 | 26.1.04 | |
Section 78 | 26.1.04 | |
Section 81 | 26.1.04 | |
Section 83 | 26.1.04 | |
Section 84 | 26.1.04 | |
Section 86 | 1.5.04 | |
Section 87 | 1.5.04 | |
Section 92 | 4.1.05 | |
Section 93 | 1.2.04 | |
Section 95 | 5.4.04 | |
Section 96 | 5.4.04 | |
Section 97 (partially) | 23.2.04 | |
(partially) | 29.3.04 | |
(partially) | 5.4.04 | |
(partially) | 1.5.04 | |
(remainder) | 21.9.04 | |
Section 98 (partially) | 26.1.04 | |
Section 99 | 15.3.04 | |
Section 102 | 26.1.04 | |
Section 103 | 1.5.04 | |
Section 104 | 1.5.04 | |
Section 106 | 1.5.04 | |
Schedule 1 | 1.6.04 | |
Schedule 2 | 1.9.04 | |
Schedule 5 (partially) | 23.2.04 | |
(partially) | 29.3.04 | |
(remainder) | 5.4.04 | |
Schedule 6 (partially) | 1.5.04 | |
(remainder) | 21.9.04 | |
Schedule 7 | 15.3.04 | |
Schedule 8 (and section 109(1) insofar as it relates to the paragraphs specified below) paragraphs 288 (partially) and 289 | 1.2.04 | |
Paragraphs 5, 9, 61 (partially), 62, 63 (partially), 189, 264, 274, 275 and 295-298 | 15.3.04 | |
Paragraphs 67, 71, 83, 107, 122, 126, 145, 172, 173, 182, 183(1) and (3), 186(1) and (2), 190, 207, 219, 233, 234, 238, 245(1) and (2) (partially), 246, 250, 251, 286, 290(1) and (3), 324, 327, 328, 329(1) and (4), 330(1), (2) and (3)(a), 355(a), 362, 364, 377 to 381, 384, 386 and 387, 389 and 390, 403 and 405, 410 | 01.09.04 | |
Paragraphs 263, 276, 277, 278(b) | 4.1.05 | |
Schedule 9 (and section 109(2) insofar as it relates to the paragraph specified below) | ||
Paragraph 15 (partially) | 23.2.04 | |
Paragraph 15 (partially) | 29.3.04 | |
Paragraph 15 (remainder) | 5.4.04 | |
Schedule 10 (and section 109(3)) (partially) | 26.1.04 | |
(partially) | 15.3.04 | |
(partially) (and section 109(3)) | 1.5.04 | |
(partially) (and section 109(3)) | 1.9.04 | |
(partially) (and section 109(3) | 4.1.05 |