The Magistrates' Courts (Extradition) (Amendment) Rules 2000

Statutory Instruments

2000 No. 1872

MAGISTRATES' COURTS

PROCEDURE

The Magistrates' Courts (Extradition) (Amendment) Rules 2000

Made

14th July 2000

Laid before Parliament

18th July 2000

Coming into force in accordance with rule 1

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

1.  These Rules may be cited as the Magistrates' Courts (Extradition) (Amendment) Rules 2000 and shall come into force on the day on which section 78 of the Access to Justice Act 1999(2) comes into force.

2.  The Magistrates' Courts (Extradition) Rules 1989(3) shall be amended as follows:—

(a) In rule 2 for the words “and “metropolitan magistrate”” there shall be substituted the words “,“Senior District Judge (Chief Magistrate)” and “District Judge (Magistrates' Courts)””;

(b) in rule 5(2) and rule 6(1) and (2) for the words “a metropolitan magistrate” there shall be substituted the words “the Senior District Judge (Chief Magistrate) or another District Judge (Magistrates' Courts) designated by him for the purposes of the Act”;

(c) in the Schedule, in Form 1 for the words “metropolitan magistrate” there shall be substituted the words “the Senior District Judge (Chief Magistrate) (or a District Judge (Magistrates' Courts) designated for the purposes of the Act by the Senior District Judge (Chief Magistrate))” and for the words “Metropolitan Stipendiary Magistrate” there shall be substituted the words “District Judge (Magistrates' Courts)”; and

(d) in the Schedule, in Form 2 for the words “Metropolitan Stipendiary Magistrate” there shal be substituted the words “District Judge (Magistrates' Courts)”.

Irvine of Lairg, C.

14th July 2000

Explanatory Note

(This Note is not part of the Rules.)

These Rules amend the Magistrates' Courts (Extradition) Rules 1989 (No. 1597) to take account of the coming into force of section 78 of, and Schedule 11 to, the Access to Justice Act 1999 (c. 22) which unify and rename the stipendiary bench.

(1)

1980 c. 43; section 144 is extended by section 145 and by the Extradition Act 1989 (c. 33), sections 10(3) and 14(2) and Schedule 1, paragraph 9(2) and amended by the Access to Justice Act 1999 (c. 22 section 78 and paragraph 29 of Schedule 11.

(2)

1999 c. 22. Section 78 comes into force on such day as the Lord Chancellor appoints under section 108(1) and substitutes for sections 11 to 20 of the Justices of the Peace Act 1997 (c. 25) which provide for stipendiary magistrates, metropolitan stipendiary magistrates and a Chief Metropolitan Stipendiary Magistrate new sections 10A to 10E which provide for District Judges (Magistrates' Courts) and a Senior District Judge (Chief Magistrate) in place of them; paragraph 22 of Schedule 14 provides for any person who is a stipendiary magistrate or metropolitan stipendiary magistrate immediately before the time section 78 comes into force to be treated (unless he would have been required by reason of his age to vacate his office) as having been appointed to be a District Judge (Magistrates' Courts) at that time.

(3)

S. I. 1989/1597. The modifying instrument is not relevant.