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Statutory Instruments

2004 No. 1051

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Foreign Travel Orders) Rules 2004

Made

5th April 2004

Laid before Parliament

6th April 2004

Coming into force

1st May 2004

The Lord Chancellor, in exercise of the power conferred on him by section 144 of the Magistrates' Courts Act 1980( 1 ), after consultation with the rule committee appointed under the said section 144, hereby makes the following Rules:

Citation, commencement and interpretation

1. These Rules may be cited as the Magistrates' Courts (Foreign Travel Orders) Rules 2004 and shall come into force on 1 May 2004.

2. In these Rules—

(a) a reference to a numbered section is a reference to the section so numbered in the Sexual Offences Act 2003( 2 ); and

(b) a reference to a Schedule is a reference to a Schedule to these Rules.

Foreign travel orders

3. —(1) An application for a foreign travel order under section 114(1) may be in the form set out in Schedule 1.

(2) A summons directed to the defendant requiring him to appear before a magistrates' court to answer an application referred to in paragraph (1) may be in the form set out in Schedule 2.

(3) A foreign travel order shall be in the form set out in Schedule 3.

(4) As soon as reasonably practicable after a foreign travel order has been made, the Justices' Chief Executive shall serve a copy of that order on the defendant. Any copy of an order required to be sent under these Rules to the defendant shall be either given to him in person or sent by post to his last known address and, if so given or sent, shall be deemed to have been received by him, unless the defendant proves that it was not received by him.

Time limit for service of a notice under section 116(6)

4. If the defendant wishes to serve on the applicant a notice under section 116(6)( 3 ), he must do so no later than 3 days before the hearing date for the application for the foreign travel order.

Falconer of Thoroton, C.

Date 5th April 2004

Rule 3(1)

SCHEDULE 1

FORM Application for [Foreign Travel Order](Sexual Offences Act 2003, s[114(1)]

Rule 3(2)

SCHEDULE 2

FORM Summons on Application for [Foreign Travel Order] (Sexual Offences Act 2003) [s114]

Rule 3(3)

SCHEDULE 3

FORM Foreign Travel Orders (Sexual Offences Act 2003, s114)

( 1 )

1980 c. 43 .

( 2 )

2003 c. 42 .

( 3 )

Section 116(6) provides for service of a notice disputing that the condition in section 116(4)(b) is met ie that an offence committed outside the United Kingdom would have constituted a relevant offence if committed in the United Kingdom.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 (2004/1051)

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Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 rule 3(2) omitted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 2(2)(a) Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 rule 3(3) substituted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 2(2)(b) Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 Sch. 2 omitted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 2(3) Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 Sch. 3 omitted The Magistrates' Courts (Sexual Offences Act 2003) (Miscellaneous Amendments) Rules 2012 2012 No. 2018 rule 2(4) Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 rule 3 am The Magistrates’ Courts (Foreign Travel Orders) (Amendment) Rules 2010 2010 No. 605 rule 2 Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 schs 1 2 subst The Magistrates’ Courts (Foreign Travel Orders) (Amendment) Rules 2010 2010 No. 605 rule 2 schs 2 3 Not yet
The Magistrates' Courts (Foreign Travel Orders) Rules 2004 2004 No. 1051 rule 3(4) words substituted The Courts Act 2003 (Consequential Provisions) (No. 2) Order 2005 2005 No. 617 Sch. para. 227 Not yet

Status of changes to instrument text

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