The Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001

The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993

130.  In paragraphs 1 to 13 of Schedule 2 as added to the rules specified in rule 3—

(a) in the definition of “file” in paragraph 1, for “justices' clerk” substitute “justices' chief executive” and before the definition of “justices' clerk” insert the following definition:

““justices' chief executive” means a justices' chief executive appointed under section 40 of the Justices of the Peace Act 1997(1);”

(b) for the first reference to “justices' clerk” in paragraph 2(1) substitute “justices' chief executive”;

(c) in paragraphs 2(2), 5(3), 7(3) and 8(1), for “justices' clerk” substitute “justices' chief executive”;

(d) in paragraph 4—

(i) in sub-paragraph (1), for “and, the justices' clerk shall, on receipt of an application or any other document by which proceedings are commenced, consider whether such directions need to be given” substitute “and, where the justices' chief executive receives such an application or any other document by which proceedings are commenced, the justices' clerk shall consider whether such directions need to be given”; and

(ii) in sub-paragraph (4), for “On receipt of a request” substitute “Where the justices' chief executive receives a request”; and

(e) in paragraph 5—

(i) in sub-paragraph (3), for “justices' clerks' office”, in both places where it occurs, substitute “office of the justices' chief executive”; and

(ii) in sub-paragraph (5) for the words from “justices' clerk” to the end substitute—

“(i) the justices' clerk shall fix a date upon which the proceedings shall come before him or the court again for such purposes as he or the court directs, which date shall, where paragraph (a) applies, be as soon as possible after the transfer, and

(ii) the justices' chief executive shall give notice to the resident party of the date so fixed.”

(1)

1997 c. 25; section 40 is amended by section 87 of the Access to Justice Act 1999.