xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part IIE+W Civil Jurisdiction and Procedure

Modifications etc. (not altering text)

C1Pt. 2 applied in part (4.5.2021) by S.I. 1981/552, rule 60A (as inserted by The Magistrates’ Courts (Amendment) Rules 2021 (S.I. 2021/459), rules 1(1), 2(2))

Hearing of complaintE+W

53 Procedure on hearing.E+W

(1)On the hearing of a complaint, the court shall, if the defendant appears, state to him the substance of the complaint.

(2)The court, after hearing the evidence and the parties, shall make the order for which the complaint is made or dismiss the complaint.

(3)Where a complaint is for an order for the payment of a sum recoverable summarily as a civil debt, or for the variation of the rate of any periodical payments ordered by a magistrates’ court to be made, or for such other matter as may be prescribed, the court may make the order with the consent of the defendant without hearing evidence.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 53(4) repealed (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 10 para. 99 Table; S.I. 2014/954, art. 2(d) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Modifications etc. (not altering text)

C2S. 53(1)(2) applied (with modifications) (1.4.1997) by S.I. 1997/704, rule 5(2)(3)(4)(b)

C3S. 53(3) extended (14.10.1991) by S.I. 1991/1991, rule. 16(1) (as amended (5.12.2005) by S.I. 2005/2930, Sch. 1 {rule 14})