The Courts Act 2003 (Commencement No. 10) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order supersedes the Courts Act 2003 (Commencement No.9, Savings, Consequential and Transitional Provisions) Order 2005 (S.I. 2005/547) and correctly specifies the minor and consequential amendments, transitional provisions and repeals contained in Schedules 8, 9 and 10 to the Courts Act 2003 (c. 39) that are to be brought into force on 1 April 2005.

This Order brings into force various provisions of the Courts Act 2003 on 1st April 2005, including:

• sections 1 to 3, which place the Lord Chancellor under a general duty to maintain an efficient and effective court system and give him the power to make appropriate arrangements for staff and accommodation.

• section 6, which abolishes magistrates' courts committees, magistrates' courts committee areas and the office of justices' chief executive;

• sections 7 and 8, which provide for there to be a single commission of the peace for England and Wales and for England and Wales to be divided into local justice areas;

• sections 9 to 35, which make provision in relation to justices, justices' clerks and assistant clerks;

• sections 43 to 50(1) and 50(4), which deals with the jurisdiction and procedure in criminal, civil and family proceedings in magistrates courts;

• sections 51 to 57, which makes provision in relation to court security officers;

• sections 58-61 which establish a new body called Her Majesty’s Inspectorate of Court Administration;

• sections 100 and 101 which deal with the award of damages for future pecuniary loss in personal injury cases by way of periodical payments.

The commencement of some of the provisions brought into force by this Order is subject to the transitional provisions, savings and consequential provisions contained in the Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005 (S.I. 2005/911).