Commentary on Sections: Part 9
Section 107: InterpretationSection 108: Rules, regulations and orders
377.Section 107 contains definitions used throughout the Act (e.g. ‘judge’), and definitions of Acts referred to in the Act. Section 108 sets out the parliamentary scrutiny to be employed for sections allowing the Lord Chancellor to make rules, regulations and orders.
Section 109: Minor and consequential amendments, repeals etc.
378.Section 109 introduces Schedule containing transitional provisions and savings, consequential amendments and repeals. Subsection (3) allows the Lord Chancellor to make an order for supplementary, consequential and transitional provisions, while subsection (4) makes it clear that such an order can, if necessary, amend or repeal other enactments
379.Schedule 8 contains minor and consequential amendments arising from, among other things, provisions in this Act removing magistrates’ courts committees, the post of JCE, commission areas and petty sessions areas. Schedule 9 contains transitional and savings provisions in consequence of the Act. Schedule 10 contains repeals.
380.Given the scale of these consequential amendments, the power to make consequential amendments by order is necessary both because further statutory references in need of amendment may come to light and because Acts passed in the same Parliamentary Session as this Act contain references to, for example, petty sessions areas could be enacted or implemented before provisions in the Courts Act, requiring consequential amendment.
Section 110: CommencementSection 111: ExtentSection 112: Short title
381.Section 110 provides for the Lord Chancellor to order commencement dates for provisions in the Act. By virtue of section 111, provisions in the Courts Act extend only to England and Wales, subject to subsections (2) and (3) which contain exceptions. The Short title of the Act is the Courts Act 2003, by virtue of section 112.
