2000 No. 3280 (C. 104)
MAGISTRATES' COURTS

The Access to Justice Act 1999 (Commencement No. 5 and Transitional Provisions) Order 2000

Made
Coming into force in accordance with article 1
The Lord Chancellor, in exercise of the powers conferred upon him by section 108(1) of, and paragraph 1(1) of Schedule 14 to, the Access to Justice Act 19991, makes the following Order:

Citation and commencement1.

This Order may be cited as the Access to Justice Act 1999 (Commencement No. 5 and Transitional Provisions) Order 2000 and shall come into force on the day following that on which it is made.

Commencement of Access to Justice Act 19992.

The following provisions of the Access to Justice Act 1999 shall come into force on 8th January 2001:

(a)

to the extent that it is not already in force, section 67(2);

(b)

sections 92 to 95 inclusive;

(c)

in Part V of Schedule 15 (repeals), the entries in the table headed “(8) Warrants” relating to—

(i)

section 125(2) of the Magistrates' Courts Act 19802;

(ii)

section 65 of the Criminal Justice Act 19883;

(iii)

paragraph 11 of Schedule 17 to the Courts and Legal Services Act 19904;

and, so far as it relates to those entries, section 106.

Transitional provisions3.

(1)

This paragraph applies where—

(a)

a warrant of arrest, commitment, detention or distress is issued by a justice of the peace at any time before 8th January 2001,

(b)

the warrant has not been executed before 8th January 2001, and

(c)

if the warrant had been issued on 8th January 2001, section 125A(1) of the Magistrates' Courts Act 1980 would have applied to it.

(2)

Where paragraph (1) applies, the warrant may be executed on or after 8th January 2001 in the same manner as if it had been issued on 8th January 2001, and sections 125A and 125B of the Magistrates' Courts Act 1980 shall apply accordingly.

(3)

Where paragraph (1) applies, the warrant need not be executed by a police officer, and may be executed by any person within the descriptions contained in section 125A(2) or 125B(1) of the Magistrates' Courts Act 1980, subject to and in accordance with any rules made under section 144 of that Act and for the time being in force.

(4)

Where paragraph (1) applies, basic personal information may be supplied as provided in section 125C of the Magistrates' Courts Act 1980 for the purpose of facilitating the enforcement of the warrant as if it had been issued on 8th January 2001.

Signed by authority of the Lord Chancellor

Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
(This note is not part of the Order)

This Order brings sections 92 to 95 of the Access to Justice Act 1999 into force on 8th January 2001, together with associated repeals. These provisions relate to the execution of warrants issued by justices of the peace.

(This note is not part of the Order)

Provision

Date of commencement

S.I.No.

Sections 36, 40, 42, 46 and 49

27.9.1999

1999/2657

Section 43 and Schedule 6 (partially)

Section 48 and Schedule 7

Section 66 and Schedule 9

Section 67(2) (in certain areas only)

Section 83(1) (partially)

Section 83(3) and Schedule 12 (partially)

Sections 88 and 89

Section 105

Section 106 and Schedule 15 (partially)

Section 53

1.11.1999

Section 106 and Schedule 15 (partially)

Section 79

12.11.1999

Section 106 and Schedule 15 (partially)

Section 35

1.1.2000

1999/3344

Section 41 and Schedule 5

Section 43 and Schedule 6 (partially)

Section 71

Section 85

Section 106 and Schedule 15 (partially)

Section 83(1) (partially)

1.3.2000

Section 83(3) and Schedule 12 (partially)

Section 1 and Schedule 1

1.4.2000

2000/774

Sections 2 to 5

Section 6 and Schedule 2

Sections 7 to 11 and 19 to 23

Section 24 and Schedule 4 (partially)

Sections 25 and 26

Sections 27, 29 and 30

Section 106 and Schedule 15 (partially)

Sections 37, 38 and 39

31.7.2000

2000/1920

Section 44

Section 106 and Schedule 15 (partially)

Section 78 and Schedule 11

31.8.2000

Section 83(2) (partially)

Section 106 and Schedule 15 (partially)