Statutory Instruments
2004 No. 1052
MAGISTRATES' COURTS, ENGLAND AND WALES
PROCEDURE
The Magistrates' Courts (Notification 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 powers 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, interpretation
1. These Rules may be cited as the Magistrates' Courts (Notification 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 a 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 except where it is made clear that it refers to a Schedule to the Sexual Offences Act 2003.
Notification orders and interim notification orders
3. —(1) An application for—
(a) a notification order made under section 97(1), or
(b) an interim notification order made under section 100(2)
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 notification order shall be in the form set out in Schedule 3.
(4) An interim notification order shall be in the form set out in Schedule 4.
(5) As soon as reasonably practicable after a notification order or an interim notification 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 99(3)
4. If a defendant wishes to serve on the applicant a notice under section 99(3)( 3 ), he must do so no later than 3 days before the hearing date for the application for the notification order.
Falconer of Thoroton, C.
Date 5th April 2004
Rule 3(1)
SCHEDULE 1
FORM Application for [Notification Order [and] Interim Notification Order] Sexual Offences Act 2003 (SOA 2003) section[s] [97] [and] [100]
Rule 3(2)
SCHEDULE 2
FORM Summons on Application for [a Notification Order [and] an Interim Notification Order] (Sexual Offences Act 2003) [s 97] [and] [s 100])
Rule 3(3)
SCHEDULE 3
FORM Notification Order (Sexual Offences Act 2003, s 97)
Rule 3(4)
SCHEDULE 4
FORM Interim Notification Order (Sexual Offences Act 2003 s 100)
section 99(3) provides for notice to be served disputing that the condition in section 99(1)(b) is met ie that an offence committed outside the United Kingdom would have constituted a relevant offence if committed in the United Kingdom.