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STATUTORY INSTRUMENTS

2005 No. 3275

MAGISTRATES' COURTS, ENGLAND AND WALES

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

The Family Procedure (Modification of Enactments) Order 2005

  Made 22nd November 2005 
  Coming into force 30th December 2005 

The Lord Chancellor makes the following Order in exercise of the powers conferred by section 80 of the Courts Act 2003[1].

     1. This Order may be cited as the Family Procedure (Modification of Enactments) Order 2005 and shall come into force on 30th December 2005.

     2. In section 97(1)(a) and (2) of the Magistrates' Courts Act 1980 (summons to witness)[2] after "hearing of a complaint" insert "or of an application under the Adoption and Children Act 2002 (c. 38)".



Signed by authority of the Lord Chancellor


Catherine M. Ashton
Parliamentary Under Secretary of State, Department for Constitutional Affairs

22nd November 2005


EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends section 97(1)(a) of the Magistrates' Courts Act 1980 (c.38) so as to enable a justice of the peace at the hearing of an application under the Adoption and Children Act 2002 (c.38) to issue a witness summons. It also amends section 97(2) to prevent a warrant being issued instead of a summons in the hearing of an application under the 2002 Act.

Notes:

 [1] 2003 c.39. Section 80 is amended by section 15(1) of, and paragraphs 208 and 343 of Schedule 4 to, the Constitutional Reform Act 2005 (c.4) from a date to be appointed.back

[2] 1980 c.43. Section 97(1) is substituted by section 169(2) of the Serious Organised Crime and Police Act 2005 (c.15).back


ISBN 0 11 073686 9


 © Crown copyright 2005

Prepared 1 December 2005

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URL: http://www.bailii.org/uk/legis/num_reg/2005/20053275.html