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

• Citation: S.I. 2001/615
• Sections: 145

Section 1

These Rules may be cited as the Magistrates' Courts (Transfer of Justices' Clerks' Functions) (Miscellaneous Amendments) Rules 2001 and shall come into force on 1st April 2001.

Section 2

The following Rules are amended in accordance with the provisions of the Schedule to these Rules:—

(i) the Maintenance Orders (Facilities for Enforcement) Rules 1922 and the Maintenance Orders (Facilities for Enforcement) (Amendment) Rules 2000 ;

(ii) the Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950 ;

(iii) the Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959 ;

(iv) the Magistrates' Courts (Backing of Warrants) Rules 1965 ;

(v) the Magistrates' Courts (Attachment of Earnings) Rules 1971 ;

(vi) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974 ;

(vii) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975 ;

(viii) the Magistrates' Courts (Recovery Abroad of Maintenance) Rules 1975 ;

(ix) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Hague Convention Countries) Rules 1980 ;

(x) the Magistrates' Courts (Forms) Rules 1981 ;

(xi) the Magistrates' Courts (Adoption) Rules 1984 ;

(xii) the Magistrates' Courts (Discontinuance of Proceedings) Rules 1986 ;

(xiii) the Magistrates' Courts (Child Abduction and Custody) Rules 1986 ;

(xiv) the Magistrates' Courts (Civil Jurisdiction and Judgments Act 1982) Rules 1986 ;

(xv) the Magistrates' Courts (Family Law Act 1986) Rules 1988 ;

(xvi) the Magistrates' Courts (Notices of Transfer) Rules 1988 ;

(xvii) the Magistrates' Courts (Extradition) Rules 1989 ;

(xviii) the Magistrates' Courts (Social Security Act 1986) (Transfer of Orders to maintain and Enforcement of Maintenance Orders) Rules 1990 ;

(xix) the Magistrates' Courts (Criminal Justice (International Co-operation)) Rules 1991 ;

(xx) the Family Proceedings (Children Act 1989) Rules 1991 ;

(xxi) the Family Proceedings Courts (Constitution) Rules 1991 ;

(xxii) the Magistrates' Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 ;

(xxiii) the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 ;

(xxiv) the Magistrates' Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991 ;

(xxv) the Magistrates' Courts (Attendance Centre) Rules 1992 ;

(xxvi) the Magistrates' Courts (Notice of Transfer) (Children’s Evidence) Rules 1992 ;

(xxvii) the Magistrates' Courts (Children and Young Persons) Rules 1992 ;

(xxviii) the Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Miscellaneous Amendments) Rules 1993 ;

(xxix) the Family Proceedings Courts (Child Support Act 1991) Rules 1993 ;

(xxx) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Disclosure) Rules 1997 ;

(xxxi) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Confidentiality) Rules 1997 ;

(xxxii) the Magistrates' Courts (Criminal Procedure and Investigations Act 1996) (Tainted Acquittals) Rules 1997 ;

(xxxiii) the Magistrates' Courts (Sex Offender and Anti-social Behaviour Orders) Rules 1998 ;

(xxxiv) the Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 .

Section 1 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 1, for “a justices' clerk acting” substitute “the justices' chief executive”.

Section 2 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 2A for “justices clerk”, in rule 3, for “Clerk”, in rule 5 and 5A(4) for “clerk of the court”, and in rules 4 and 7 for “Clerk of the Court”, substitute “justices' chief executive”.

Section 3 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 5A(2) before “notify in writing” insert “the justices' chief executive shall”.

Section 4 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 5A(3), for “clerk of”, in each place where it occurs, substitute “justices' chief executive for”.

Section 5 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 5A(4), for “the clerk shall”, substitute “he shall”, for “the clerk grants” substitute “the clerk of the court grants” and for “he shall” substitute “the justices' chief executive shall”.

Section 6 The Maintenance Orders (Facilities for Enforcement) Rules 1922

In rule 6, for “clerk” substitute “justices' chief executive”.

Section 7 The Maintenance Orders (Facilities for Enforcement) Rules 1922

For rule 6A(3) substitute—

(3) On receipt of such an application by the justices' chief executive—

(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.

Section 8 The Maintenance Orders (Facilities for Enforcement) (Amendment) Rules 2000

In rule 2 for “1992” substitute “1922”.

Section 9 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rules 1(2) and (4) (in the first place where it occurs), 2(1), (3) (in the first place where it occurs) and (4), 3(3), 4(1) and (2) (in the first place where it occurs), 5(1) and (2) (in the first place where it occurs), 6, 7 (in the first place where it occurs), 9(3), 9B(2) (in each place where it occurs) and (3), 10(1) (in the first place where it occurs) and (2), 11(1), 12 (in the first place where it occurs), 12A, 13(2) and 15, and in Form 4 in the Schedule, for “clerk of” substitute “justices' chief executive for”.

Section 10 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rule 9B(1) before “notify in writing” insert “the justices' chief executive shall”.

Section 11 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rule 9B(3)—

(a) for “the clerk shall” substitute “the justices' chief executive shall”; and

(b) for “where the clerk grants” substitute “where the clerk of the court grants”.

Section 12 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rule 11(2), for “the clerk” substitute “the justices' chief executive”.

Section 13 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rule 12 for “the clerk shall” substitute “the justices' chief executive shall”.

Section 14 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In rule 13(1) for “the clerk of that court” substitute “the justices chief executive for the court”.

Section 15 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In Forms 1 and 2 in the Schedule, for “Clerk [and Collecting Officer] of” substitute “Justices' Chief Executive and Collecting Officer for”.

Section 16 The Maintenance Orders Act 1950 (Summary Jurisdiction) Rules 1950

In Form 4 in the Schedule, for “Justices' Clerk” substitute “Justices' Chief Executive”.

Section 17 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rules 2(5)(a), 2A, 4, 4A, 5(1) (in both places where it occurs), (2) (in both places where it occurs) and (3) (in each place where it occurs), 5A(2) (in each place where it occurs) and (3), 7(1), (2), (3), (3A), (3B), (4) and (5), 8, 8A, 21(a) (in both places where it occurs), 22(1), (2), (5) and (6) and in the Schedule, in Form 8 (in each place where it occurs), Form 9 (in each place where it occurs) and Form 10, for “clerk of” substitute “justices' chief executive for”.

Section 18 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rules 3(1) and (2) and 22(3) (in both places where it occurs) and in the Schedule, in Form 19, for “the clerk” substitute “the justices' chief executive”.

Section 19 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 2(5)(a) for “signed by the clerk” substitute “signed by the justices' chief executive”.

Section 20 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 5(2) for “clerk to” substitute “justices' chief executive for”, for “through a clerk” substitute “through a justices' chief executive” and for “that other clerk” substitute “that other justices' chief executive”.

Section 21 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 5(3) for “through a clerk” substitute “through a justices' chief executive” and for “that other clerk” substitute “that other justices' chief executive”.

Section 22 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 5A(1) before “notify in writing” insert “the justices' chief executive shall”.

Section 23 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 5A(3) for “the clerk shall” substitute “the justices' chief executive shall” and for “the clerk grants” substitute “the clerk of the court grants”.

Section 24 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 21(B) or “the last-mentioned clerk” substitute “the last-mentioned justices' chief executive”.

Section 25 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In rule 22(3) for “receipt by the clerk” substitute “receipt by the justices' chief executive” and for “the clerk sends” substitute “the justices' chief executive sends”.

Section 26 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In the Schedule, in Forms 1, 2, 3, 7, 11, 12, 15, 16 (in both places where it occurs) and 19, for “Clerk of” substitute “Justices' Chief Executive for”.

Section 27 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In the Schedule, in Forms 1, 2, 3, 7, 8, 9 (in both places where it occurs) and 10, for “ clerk of ” substitute “ justices' chief executive for ”.

Section 28 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In the Schedule, in Forms 8, 9 and 10, for “Justices' Clerk” substitute “Justices' Chief Executive”.

Section 29 The Magistrates' Courts (Maintenance Orders Act 1958) Rules 1959

In the Schedule, in Form 19, for “received by the Clerk” substitute “received by the Chief Executive”.

Section 30 The Magistrates' Courts (Backing of Warrants) Rules 1965

In rules 3(2) and (3) and 4(1), for “clerk of” substitute “justices' chief executive for”.

Section 31 The Magistrates' Courts (Backing of Warrants) Rules 1965

In rule 5B—

(a) for “clerk to the justices” substitute “justices' chief executive”; and

(b) for “the clerk shall forthwith send” substitute “the justices' chief executive shall forthwith send”.

Section 32 The Magistrates' Courts (Attachment of Earnings) Rules 1971

In rule 6(1) and (3), 8, 9(2) (in each place where it occurs) and (3), 14(3), 15(7) and (9), 16(2), 17(1), 18(1), (2) and (3), 19(1), 21(1) and (2) and 24, for “clerk of” substitute “justices' chief executive for”.

Section 33 The Magistrates' Courts (Attachment of Earnings) Rules 1971

In rules 14(3), 15(7) and 23(4), for “the clerk” substitute “the justices' chief executive”.

Section 34 The Magistrates' Courts (Attachment of Earnings) Rules 1971

In the Schedule, in Forms 1 and 2, for “Clerk of”, in the first and last places where it occurs, substitute “Justices' Chief Executive for”.

Section 35 The Magistrates' Courts (Attachment of Earnings) Rules 1971

In the Schedule, in Form 4, for “Clerk of the Court” substitute “Justices' Chief Executive for the Court”.

Section 36 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In each place where it occurs in rules 8(1) and (2), 9(1A) (including the proviso thereto), (2), 9A, 12(1) to (4), 13(1) and (3) and 14(1) and (2), for “justices' clerk” substitute “justices' chief executive”.

Section 37 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rules 7(1)(c), 9(1) and 9B(2) (in each place where it occurs), for “clerk of” substitute “justices' chief executive for”.

Section 38 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 2(1)—

(a) for “his register” substitute “the court’s register”;

(b) for “justices' clerk” substitute “justices' chief executive”; and

(c) for “that clerk” substitute “the justices' chief executive”.

Section 39 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 4A, for paragraph (3) substitute—

(3) Where the justices chief executive receives such an application—

(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment, and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.

Section 40 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 4B, for paragraph (2)—

(2) On receipt of the order and accompanying documents referred to in section 5(5), 7 or 9(6) of the Act—

(a) the justices' clerk shall fix the date, time and place for a hearing or a directions appointment allowing sufficient time for service under this rule to be effected at least 21 days before the date so fixed; and

(b) the justices' chief executive shall serve a copy of the order and documents on the resident party, together with a notice stating the date, time and place so fixed.

Section 41 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

For rule 7(2) substitute—

Where a justices' chief executive receives notification that the person on whose application the maintenance order was made wishes to adduce further evidence—

(a) the justices' clerk shall fix a date for the hearing of such evidence; and

(b) the justices' chief executive shall send that person written notice of the date fixed.

Section 42 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 8(1) and (2), for “his register” substitute “the court’s register”.

Section 43 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 9(1), for “that clerk” substitute “that justices' chief executive”.

Section 44 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) Rules 1974

In rule 9B—

(a) in paragraph (1), insert “the justices' chief executive shall” before “notify”; and

(b) in paragraph (3)—

(i) for “clerk of the court” substitute “justices' chief executive for the court”;

(ii) for “the clerk shall notify” substitute “the justices' chief executive shall notify”; and

(iii) after “where the clerk” insert “of the court”.

Section 45 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

In each place where it occurs in rules 8(1), 9(2), 10(1A), (2) and (3), 12, 13(1) to (3) and 14(1) to (3), for “justices' clerk” substitute “justices' chief executive”.

Section 46 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

In rules 6, 10(1), 10A(2) (in each place where it occurs) and 14(1), for “clerk of” substitute “justices' chief executive for”.

Section 47 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

In rule 2—

(a) for “his register” substitute “the court’s register”;

(b) for “justices' clerk” substitute “justices' chief executive”;

(c) for “that clerk” substitute “the justices' chief executive”.

Section 48 The Magistrates' Courts (Reciprocal Enforcement of Maintenance Orders) (Republic of Ireland) Rules 1975

For rule 4A(2) substitute the following new paragraph—

(2) Where the justices' chief executive receives such an application—

(a) the justices clerk shall fix the date, time and place for a hearing or a directions appointment; and

(b) the justices' chief executive shall notify the applicant of the date, time and place so fixed.