The Courts Act 2003 (Commencement No. 11 and Transitional Provision) Order 2005

• Citation: S.I. 2005/2744
• Sections: 3

Section 1 Citation

This Order may be cited as the Courts Act 2003 (Commencement No. 11 and Transitional Provision) Order 2005.

Section 2 Commencement of provisions of the Courts Act 2003

(1) The provisions of the Courts Act 2003 referred to in paragraph (2) shall come into force on 7th October 2005 for the purpose only of making Family Procedure Rules in respect of—

(a) all causes and matters (whether at first instance or appeal) relating to adoption including the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(b) all proceedings for the purpose of enforcing an order made in proceedings described in sub-paragraph (a).

(2) The provisions referred to in paragraph (1) are—

(a) section 75 (Family Procedure Rules);

(b) section 76 (further provision about scope of Family Procedure Rules);

(c) section 79 (process for making Family Procedure Rules); and

(d) section 80 (power to amend legislation in connection with the rules).

(3) Paragraph 245(1) and (2) of Schedule 8 (Magistrates' Courts Act 1980) in so far as it is not already in force, and section 109(1) in so far as it relates to that paragraph, shall come into force on 7th October 2005 for the purposes of family proceedings as defined by section 65(1)(h), as substituted by the Adoption and Children Act 2002, of the Magistrates' Courts Act 1980 (meaning of family proceedings).

Section 3 Transitional provision

With effect from 7th October 2005, section 40(2) (family proceedings rules) of the Matrimonial and Family Proceedings Act 1984 shall have effect as if, after “Supreme Court Act 1981” there were inserted—

; and (c) Family Procedure Rules made by the Family Procedure Rule Committee under section 75 of the Courts Act 2003 (c. 39) in respect of—

(i) all causes and matters (whether at first instance or appeal) relating to adoption including the exercise of the inherent jurisdiction of the High Court with respect to minors; and

(ii) all proceedings for the purpose of enforcing an order made in proceedings described in sub-paragraph (c)(i)