1991 No. 1364 (C.37)

SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
MAGISTRATES' COURTS
LEGAL SERVICES
LEGAL PROFESSION
NOTARIES PUBLIC

The Courts and Legal Services Act 1990 (Commencement No. 5) Order 1991

Made

The Lord Chancellor, in exercise of the powers conferred on him by section 124(3) of the Courts and Legal Services Act 19901, hereby makes the following Order:

1

This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 5) Order 1991.

2

The provisions of the Courts and Legal Services Act 1990 specified in the Schedule hereto shall come into force on 1st July 1991.

Mackay of Clashfern, C.

SCHEDULE

Provision of the Act

Subject matter of provision

Section 2

Transfer of proceedings between courts

Section 3

Remedies available in county courts

Section 10

Family proceedings in magistrates' courts and related matters

Section 15

Enforcement

Section 56

Administration of oaths etc. by justices in certain probate business

Section 57

Notaries

Section 74(4)–(7)

District Judges

Section 86

Commencement etc. of solicitors' practising certificates

Section 117

Extension of powers of justices' clerks

Paragraphs 6, 17 and 18 of Schedule 17, and section 125(2) so far as it relates to them.

Minor amendments

Paragraphs 9, 10, 17, 18 and 43–46 of Schedule 18 and section 125(3) so far as it relates to them.

Consequential amendments

Paragraphs 12 and 13 of Schedule 19, and section 125(6) so far as it relates to them.

Transitionals and savings

Section 125(7) and Schedule 20 so far as they provide for the repeal of, or of words in, the following provisions—

Repeals

a

sections 1–5 and 7–9 of the Public Notaries Act 18012

b

the Public Notaries Act 18333 and the Public Notaries Act 18434

c

the Small Debts Act 18455

d

the Welsh Church Act 19146

e

section 37 of the Administration of Justice Act 19567

f

section 29 of the Administration of Justice Act 19698

g

sections 19, 20, 22, 29, 34, 43, 44, 89(3), 105 and 106 of, and Schedule 1 to, the County Courts Act 19849

(This note is not part of the Order)

This Order brings into force on 1st July 1991 a number of provisions in the Courts and Legal Services Act 1990. These provisions, together with a brief indication of their subject matter, are listed in the Schedule to the Order.

(This note is not part of the Order)

Provision

Date of commencement

S.I.No.

Section 125(7) (partially), Schedule 20 (partially)

1.11.1990

1990/2170

Sections 9, 21, 22, 23, 24(1) and (2), 25–28, 31(1) and (2), 32(1) and (2), 33(1) and (2), 60–62, 66–68, 70 (partially), 71, 74(1)–(3), 75–78, 83, 84, 116 (partially), 118 and 125 (partially); and Schedules 3, 10, 11, 16 (partially) 17 (partially), 18 (partially), 19 (partially) and 20 (partially)

1.11.1991

1990/2484

Sections 17–20, 24(3), 29, 30, 31(3)–(9), 32(3)–(9), 33(3)–(9), 34, 35, 40, 53 (partially), 59, 63(1)(a) and (2), 69, 93, 99–101, 103 and 113–115; and Schedules 1, 2, 4, 5, 8 (partially), 15, 17 (partially), 18 (partially), 19 (partially) and 20 (partially)

1.4.1991

1991/608

Sections 111, 125 (partially) and Schedule 18 (partially)

1.5.1991

1991/985