Statutory Instruments
MAGISTRATES' COURTS, ENGLAND AND WALES
Made
24th January 2001
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 1999(1), makes the following Order:
1. This Order may be cited as the Access to Justice Act 1999 (Commencement No. 6 and Transitional Provisions) Order 2001 and shall come into force on the day following that on which it is made.
2. The following provisions of the Access to Justice Act 1999 shall come into force on 19th February 2001—
(a)sections 96 and 97;
(b)in Part V of Schedule 15 (repeals), all entries in the table headed “(8) Warrants” to the extent that they are not already in force;
(c)section 106, so far as it relates to those entries.
3.—(1) This article 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 19th February 2001, and
(c)if the warrant had been issued on 8th January 2001, section 125A(1) of the Magistrates' Courts Act 1980(2) would have applied to it.
(2) Where this article applies, section 125D of the Magistrates' Courts Act 1980 shall apply as if the warrant had been issued on 8th January 2001.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 24th January 2001
(This note is not part of the Order)
This Order brings sections 96 and 97 of the Access to Justice Act 1999 into force on 19th February 2001, together with associated repeals. These provisions relate to the execution of warrants issued by justices of the peace.
Section 96 inserts a new section 125D into the Magistrates' Courts Act 1980, which provides that certain warrants may be executed by a person even though the warrant is not in his possession at the time.
Section 97 amends the Maintenance Orders Act 1958(3) and sections 83, 86(4) and 125(1) of the Magistrates' Courts Act 1980 to make provision for the cessation of warrants.
(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) | ||
| Section 67(2) (partially) | 8.1.2001 | 2000/3280 |
| Sections 92 to 95 | ||
| Section 106 and Schedule 15 (partially) |
1980 c. 43. Section 125A was inserted by section 92 of the Access to Justice Act 1999 with effect from 8th January 2001, and section 125D is inserted by section 96 of the same Act, which is brought into force by this Order.