The Courts Act 2003 (Commencement No. 6 and Savings) Order 2004

• Citation: S.I. 2004/2066
• Sections: 3

Section 1 Citation and interpretation

(1) This Order may be cited as the Courts Act 2003 (Commencement No. 6 and Savings) Order 2004.

(2) In this Order, unless the context requires otherwise, a reference to a section or Schedule by number alone is to the section or Schedule so numbered in the Courts Act 2003.

Section 2 Commencement of provisions in the Courts Act 2003

Subject to article 3, the following provisions come into force on 1 st September 2004—

(a) section 6(3) and Schedule 2 (abolition of magistrates' courts committees: transfers),

(b) in Part 7 (procedure rules and practice directions)—

(i) section 69 (Criminal Procedure Rules),

(ii) section 72 (process for making Criminal Procedure Rules), and

(iii) section 73 (power to amend legislation in connection with the rules),

(c) in Schedule 8 (minor and consequential amendments)—

(i) paragraph 67 (Indictments Act 1915) ,

(ii) paragraph 71 (Criminal Justice Act 1925) ,

(iii) paragraph 83 (Criminal Justice Act 1948) ,

(iv) paragraph 107 (Road Traffic Act 1960) ,

(v) paragraph 122 for the purpose of amending the Backing of Warrants (Republic of Ireland) Act 1965 so far as it has effect by virtue of the Extradition Act 2003 (Commencement and Savings) Order 2003 ,

(vi) paragraph 126 (Criminal Procedure (Attendance of Witnesses) Act 1965) ,

(vii) paragraph 145 (Attachment of Earnings Act 1971) ,

(viii) paragraphs 172 and 173 (Juries Act 1974) ,

(ix) paragraphs 182, 183(1) and (3), 186(1) and (2) (Bail Act 1976) ,

(x) paragraph 190 (Criminal Law Act 1977) ,

(xi) paragraphs 207, 219, 233, 234, 238, 245(1) and (2) for the purpose of creating an exception in relation to “any criminal cause or matter”, 246, 250 in so far as it relates to the definitions of “the rules” and “prescribed”, 251 (Magistrates' Courts Act 1980) ,

(xii) paragraph 286 (Police and Criminal Evidence Act 1984) ,

(xiii) paragraph 290(1) and (3) (Prosecution of Offences Act 1985) ,

(xiv) paragraphs 324, 327, 328, 329(1) and (4), 330(1), (2) and (3)(a) for the purpose of amending the Extradition Act 1989 so far as it has effect by virtue of the Extradition Act 2003 (Commencement and Savings) Order 2003) ,

(xv) paragraph 355(a) (Social Security Administration Act 1992) ,

(xvi) paragraph 362 (Vehicle Excise and Registration Act 1994) ,

(xvii) paragraph 364 (Drug Trafficking Act 1994) ,

(xviii) paragraphs 377 to 381 (Criminal Procedure and Investigations Act 1996) ,

(xix) paragraphs 384, 386 and 387 (Youth Justice and Criminal Evidence Act 1999) ,

(xx) paragraphs 389 and 390 (Terrorism Act 2000) ,

(xxi) paragraphs 403 and 405 (International Criminal Court Act 2001) , and

(xxii) paragraph 410 (Proceeds of Crime Act 2002) ,

(d) in Schedule 10 (repeals), the entries relating to—

(i) section 33(4) of the Criminal Justice Act 1925 ,

(ii) section 25(1) of the Attachment of Earnings Act 1971 ,

(iii) section 2 of the Bail Act 1976,

(iv) sections 145 and 150(1) in so far as it relates to the definition of “the rules”, of, and paragraphs 5, 101(a) and 151 of Schedule 7 to, the Magistrates' Courts Act 1980 ,

(v) Schedule 5 to the Supreme Court Act 1981 , in so far as it relates to the Criminal Justice Act 1948,

(vi) section 80(2) of the Access to Justice Act 1999 , and

(vii) section 65(2) of the Youth Justice and Criminal Evidence Act 1999, and

(e) section 109(1) and (3) to the extent necessary for those amendments and repeals.

Section 3 Saving

The amendment or repeal of any enactment, coming into effect under article 2(c) or (d), shall not affect the operation of that enactment in relation to rules of court other than Criminal Procedure Rules during the period between 1 st September 2004 and the coming into force of the first Criminal Procedure Rules made under section 69 of the Courts Act 2003.