Statutory Instruments
2001 No. 166 (L.3)
MAGISTRATES' COURTS, ENGLAND AND WALES
The Magistrates' Courts (Forms) (Amendment) Rules 2001
Made
24th January 2001
Laid before Parliament
26th January 2001
Coming into force
19th February 2001
The Lord Chancellor, in exercise of the powers conferred upon him by section 144 of the Magistrates' Courts Act 1980( 1 ), as extended by section 145 of that Act, and after consultation with the rule committee constituted by section 144 of that Act, makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Magistrates' Courts (Forms) (Amendment) Rules 2001 and shall come into force on 19th February 2001.
Interpretation
2. In these Rules, any reference to a form by number alone means the form so numbered in Schedule 2 to the Magistrates' Courts (Forms) Rules 1981( 2 ).
Amendments to the Magistrates' Courts (Forms) Rules 1981
3. —(1) Form 48 (Distress warrant) shall be amended as follows.
(2) For “(the Constables of Police Force) [XY]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
4. —(1) Form 51 (Warrant of commitment on occasion of conviction) shall be amended as follows.
(2) For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
5. —(1) Form 52 (Warrant of commitment on occasion subsequent to conviction) shall be amended as follows.
(2) For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
6. —(1) Form 54 (Warrant for arrest of fine defaulter) shall be amended as follows.
(2) For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
7. —(1) Form 57 (Warrant for detention in police cells etc. ) shall be amended as follows.
(2) For “[the constables of Police Force] [the authorised persons for ] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
8. —(1) Form 58 (Warrant for detention in police station) shall be amended as follows.
(2) After “Police Force” there shall be inserted “/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
(3) After “the day following that on which the accused is arrested”, there shall be inserted “, or if the accused is arrested.”
9. —(1) Form 92K (Warrant of arrest for breach of requirement of probation, community service or combination order) shall be amended as follows.
(2) After “Police Force” there shall be inserted “/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
10. —(1) Form 110 (Commitment: civil debt enforceable by imprisonment) shall be amended as follows.
(2) For “[the constables of Police Force] [AB]” there shall be substituted “the constables of Police Force/the civilian enforcement officers for the area of the magistrates' courts committee/ [, being an agency approved by the magistrates' courts committee for the purpose of executing warrants] [ delete as appropriate ]”.
11. After form 157 (Warrant of further detention) there shall be inserted the form set out in the Schedule to these Rules.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 24th January 2001
Rule 11
SCHEDULE
Form 157a WARRANT OF FURTHER DETENTION ( Terrorism Act 2000, paragraph 29 of Schedule 8 )
