The Magistrates' Courts (Notification Orders) Rules 2004

• Citation: S.I. 2004/1052
• Sections: 4

Section 1 Citation, commencement, interpretation

These Rules may be cited as the Magistrates' Courts (Notification Orders) Rules 2004 and shall come into force on 1 May 2004.

Section 2 Citation, commencement, interpretation

In these Rules—

(a) a reference to a numbered section is a reference to a section so numbered in the Sexual Offences Act 2003 ; and

(b) a reference to a Schedule is a reference to a Schedule to these Rules except where it is made clear that it refers to a Schedule to the Sexual Offences Act 2003.

Section 3 Notification orders and interim notification orders

(1) An application for—

(a) a notification order made under section 97(1), or

(b) an interim notification order made under section 100(2)

may be in the form set out in Schedule 1.

(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3) A notification order shall be in the form set out in Schedule 3.

(4) An interim notification order shall be in the form set out in Schedule 4.

(5) As soon as reasonably practicable after a notification order or an interim notification order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

Section 4 Time limit for service of a notice under section 99(3)

If a defendant wishes to serve on the applicant a notice under section 99(3) , he must do so no later than 3 days before the hearing date for the application for the notification order.