The Magistrates’ Courts (Notices of Transfer) (Amendment) Rules 1997

Statutory Instruments

1997 No. 708 (L.13)

MAGISTRATES’ COURTS

PROCEDURE

The Magistrates’ Courts (Notices of Transfer) (Amendment) Rules 1997

Made

10th March 1997

Laid before Parliament

11th March 1997

Coming into force

1st April 1997

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates’ Courts Act 1980(1), and after consultation with the Rule Committee under the said section 144, hereby makes the following Rules:

Citation and commencement

1.—(1) These Rules may be cited as the Magistrates’ Courts (Notices of Transfer) (Amendment) Rules 1997 and shall, subject to paragraph (2) below, come into force on 1st April 1997.

(2) These Rules shall have effect in the same way as section 65 of the Criminal Procedure and Investigations Act 1996(2) has effect.

2.  The Magistrates’ Courts (Notices of Transfer) Rules 1988(3) shall be amended as follows—

(a) (i) in the Arrangement of Rules the entry in respect of rule 6 shall be omitted; and

(ii) rule 6 shall be omitted;

(b) in rule 7(a) the words “in respect of” to the end shall be omitted; and

(c) in the Schedule form 4 shall be omitted.

Mackay of Clashfern, C.

Dated 10th March 1997

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Magistrates’ Courts (Notices of Transfer) Rules 1988 to take account of the abolition of witness orders by the Criminal Procedure and Investigations Act 1996. They remove references to the making of witness orders by the magistrates’ courts.

(1)

1980 c. 43; as extended by section 145 of that Act (the 1980 Act is amended by section 47 of, and Part I of Schedule 1 to, the Criminal Procedure and Investigations Act 1996, and by section 65(3) of, and Schedule 5 to, the 1996 Act.

(2)

1996 (c. 25).

(3)

S.I. 1988/1701.