The Courts Act 2003 (Consequential Amendments) Order 2004

• Citation: S.I. 2004/2035
• Sections: 56

Section 1 Citation

This Order may be cited as the Courts Act 2003 (Consequential Amendments) Order 2004.

Section 2 Commencement

(1) This Order comes into force on 1st September 2004.

(2) But the amendment of any enactment by this Order—

(a) so far as it relates to Criminal Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Criminal Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Criminal Procedure Rules made under section 69 of the Courts Act 2003,

(b) so far as it relates to Family Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Family Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Family Procedure Rules made under section 75 of the Courts Act 2003.

Section 3 Consequential amendments and repeals

The enactments set out in the Schedule are amended and repealed as specified in that Schedule.

Section 1 Administration of Justice (Miscellaneous Provisions) Act 1933

(1) Amend section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) as follows.

(2) In subsection (6) —

(a) for “The Lord Chancellor may make rules” substitute “Rules may make provision”, and

(b) for “in particular for making” substitute “, in particular,”.

(3) After subsection (6), insert—

(6A) In subsection (6) above “rules”—

(a) in relation to the preferment of a bill of indictment by the direction or with the consent of a judge of the High Court, means rules made by the Lord Chancellor, and

(b) in any other case, means Criminal Procedure Rules.

Section 2 Maintenance Orders (Reciprocal Enforcement) Act 1972

(1) Amend section 38A of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (rules of court) as follows.

(2) In subsection (1), for the words preceding “may make provision” substitute “Rules of court”.

(3) In subsection (2), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”.

(4) Omit subsection (3) .

(5) In the section heading, for “Magistrates' courts rules” substitute “Rules of court”.

Section 3 Greater London Council (General Powers) Act 1972

In section 17(3)(a) of the Greater London Council (General Powers) Act 1972 (duty to give information in certain cases), for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”.

Section 4 Adoption Act 1976

Amend the Adoption Act 1976 as follows.

Section 5 Adoption Act 1976

In section 61 (evidence of agreement and consent), for “rules” (in both places) substitute “Family Procedure Rules”.

Section 6 Adoption Act 1976

In section 62(2)(c) (authorised county courts), for the words from “rules” onwards substitute “Family Procedure Rules”.

Section 7 Adoption Act 1976

(1) Amend section 65 (duties of officers of the Service) as follows.

(2) In subsection (1) , for “rules shall” substitute “Family Procedure Rules shall”.

(3) In subsection (3) , for “Rules of court” substitute “Family Procedure Rules”.

Section 8 Adoption Act 1976

(1) Amend section 66 (rules of procedure) as follows.

(2) In subsection (1)—

(a) omit “in regard to any matter to be prescribed under this Act and”, and

(b) omit “all matters of procedure and”.

(3) Omit subsection (2) .

(4) In each of subsections (3) and (4), for “rules” substitute “Family Procedure Rules”.

(5) In subsection (5), for “Rules” substitute “Family Procedure Rules”.

Section 9 Adoption Act 1976

In section 72(1) (interpretation)—

(a) in the definition of “prescribed”, for “rules” substitute “Family Procedure Rules”, and

(b) omit the definition of “rules”.

Section 10 Magistrates' Courts Act 1980

Omit paragraphs 141 and 142 of Schedule 7 to the Magistrates' Courts Act 1980 (amendments of the Adoption Act 1976).

Section 11 Supreme Court Act 1981

Amend the Supreme Court Act 1981 as follows.

Section 12 Supreme Court Act 1981

In each of the following provisions, for “Crown Court Rules” substitute “Rules of court”—

(a) section 52(1) (costs in the Crown Court),

(b) section 73(2) (general provisions), and

(c) section 74(2), (3) and (7) (appeals and committals for sentence).

Section 13 Supreme Court Act 1981

In section 77(1) (committal for trial: date of trial), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 14 Supreme Court Act 1981

In section 81(2) (bail), for “Crown Court Rules” substitute “rules of court”.

Section 15 Supreme Court Act 1981

(1) Amend section 84 (power to make rules of court) as follows.

(2) In subsection (1) —

(a) after “prescribing” insert “, except in relation to any criminal cause or matter,”, and

(b) omit “and the criminal division of the Court of Appeal”.

(3) In each of subsections (5) and (5A) —

(a) in paragraph (a), omit “or”, and

(b) after paragraph (b), insert—

(c) Criminal Procedure Rules, or

(d) Family Procedure Rules,

(4) In subsection (9) , after “Civil Procedure Rule Committee”, insert “, the Family Procedure Rule Committee, the Criminal Procedure Rule Committee,”.

Section 16 Supreme Court Act 1981

(1) In section 86(1) (Crown Court Rule Committee), omit—

(a) “in relation to the Crown Court and the criminal division of the Court of Appeal”, and

(b) paragraph (d).

Section 17 Supreme Court Act 1981

(1) Amend section 87 (particular matters for which rules of court may provide) as follows.

(2) In subsection (3) —

(a) after “Rules of court” insert “made under section 84”, and

(b) for “or the criminal division of the Court of Appeal” substitute “(except so far as relating to criminal causes or matters)”.

(3) In subsection (4), for “Criminal Appeal Rules” substitute “Criminal Procedure Rules”.

(4) In subsection (5)—

(a) for “Crown Court Rules” substitute “Rules of court made under section 84”, and

(b) after “such appeals” insert “(except so far as relating to criminal causes or matters)”.

Section 18 Supreme Court Act 1981

In section 151(4) (interpretation), omit the definitions of “Criminal Appeal Rules” and “Crown Court Rules”.

Section 19 Local Government (Miscellaneous Provisions) Act 1982

In section 16(6) of the Local Government (Miscellaneous Provisions) Act 1982 (provisions supplementary to ss 14 and 15), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 20 Matrimonial and Family Proceedings Act 1984

Omit paragraph 20(a) of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 (amendment of section 62 of the Adoption Act 1976).

Section 21 Criminal Justice Act 1987

Amend the Criminal Justice Act 1987 as follows.

Section 22 Criminal Justice Act 1987

In section 6(6) (applications for dismissal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 23 Criminal Justice Act 1987

(1) Amend section 9 (the preparatory hearing) as follows.

(2) In subsection (6) —

(a) for “Crown Court Rules” substitute “Criminal Procedure Rules”, and

(b) in paragraph (b), for “rules under” substitute “such rules made by virtue of”.

(3) In subsection (9), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 24 Criminal Justice Act 1988

Amend the Criminal Justice Act 1988 as follows.

Section 25 Criminal Justice Act 1988

In section 31 (form of evidence and glossaries), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 26 Criminal Justice Act 1988

(1) Amend section 32 (evidence through television links) as follows.

(2) In subsection (4)—

(a) for “rules to which this section applies” substitute “Criminal Procedure Rules”, and

(b) for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3) Omit subsection (5) .

Section 27 Criminal Justice Act 1988

(1) Amend section 159 (crown court proceedings—orders restricting or preventing reports or restricting public access) as follows.

(2) In subsection (6), omit the words preceding “Rules of Court”.

(3) For subsection (7)(b), substitute—

(b) in subsection (6), before “Rules of Court” there shall be inserted “Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978”.

Section 28 Criminal Justice Act 1988

In paragraph 4 of Schedule 2 (documentary evidence)—

(a) for paragraphs (a), (b) and (c) substitute “, Criminal Procedure Rules”, and

(b) for “authority making any of them” substitute “Criminal Procedure Rule Committee”.

Section 29 Road Traffic Offenders Act 1988

Amend the Road Traffic Offenders Act 1988 as follows.

Section 30 Road Traffic Offenders Act 1988

In section 12(1)(a) and (3)(a) (proof, in summary proceedings, of identity of driver of vehicle), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Section 31 Road Traffic Offenders Act 1988

In section 13(4)(c) (admissibility of records as evidence), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Section 32 Criminal Justice Act 1991

Amend the Criminal Justice Act 1991 as follows.

Section 33 Criminal Justice Act 1991

Omit section 55(5) (amendment of section 32 of the Criminal Justice Act 1988).

Section 34 Criminal Justice Act 1991

In paragraph 5(8) of Schedule 6 (notices of transfer: procedure in lieu of committal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 35 Crime and Disorder Act 1998

Amend the Crime and Disorder Act 1998 as follows.

Section 36 Crime and Disorder Act 1998

(1) Amend section 49 (powers of magistrates' courts exercisable by single justice etc. ) as follows.

(2) For subsection (2) substitute—

(2) Criminal Procedure Rules may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area.

(3) In subsection (3), for “Rules under that section” substitute “Criminal Procedure Rules”.

(4) In subsection (4)—

(a) for “rules under that section” substitute “Criminal Procedure Rules”, and

(b) for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

Section 37 Crime and Disorder Act 1998

(1) Amend Schedule 3 (procedure where persons are sent for trial under section 51) as follows.

(2) In paragraph 2(7), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

(3) In paragraph 4(12), in the definition of “prescribed”, for “rules made under section 144 of the 1980 Act” substitute “Criminal Procedure Rules”.

Section 38 Access to Justice Act 1999

Omit paragraph 2(7) of Schedule 3 to the Access to Justice Act 1999 (Criminal Defence Service: right to representation).

Section 39 Powers of Criminal Courts (Sentencing) Act 2000

Amend the Powers of Criminal Courts (Sentencing) Act 2000 as follows.

Section 40 Powers of Criminal Courts (Sentencing) Act 2000

(1) Amend section 31 (rules of court) as follows.

(2) In subsection (1)—

(a) for “Rules of court” substitute “Criminal Procedure Rules”, and

(b) for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3) Omit subsection (2).

Section 41 Powers of Criminal Courts (Sentencing) Act 2000

In section 63(6) (supervision orders), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Section 42 Powers of Criminal Courts (Sentencing) Act 2000

In section 132(2) (compensation orders: appeals etc.), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Section 43 Powers of Criminal Courts (Sentencing) Act 2000

In section 155(7) (alteration of Crown Court sentence), for “Crown Court Rules” substitute “Criminal Procedure Rules”.

Section 44 Powers of Criminal Courts (Sentencing) Act 2000

In section 163 (general definitions), in the definition of “the register”, for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.

Section 45 Criminal Justice Act 2003

Amend the Criminal Justice Act 2003 as follows.

Section 46 Criminal Justice Act 2003

(1) Amend section 30 (further provision about new method of instituting proceedings) as follows.

(2) In subsection (1)—

(a) for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”, and

(b) in paragraph (b), for “Lord Chancellor” substitute “Criminal Procedure Rule Committee”.

(3) Omit subsection (3).

Section 47 Criminal Justice Act 2003

(1) Amend section 55 (Rules of court) as follows.

(2) In subsection (1)—

(a) for “Rules of Court” substitute “Criminal Procedure Rules”, and

(b) for “authority making them” substitute “Criminal Procedure Rule Committee”.

(3) In subsection (2), for “Rules of court” substitute “Criminal Procedure Rules”.

(4) In subsection (4), for “rules of court” substitute “Criminal Procedure Rules”.