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Statutory Instruments

2004 No. 247 (L.3)

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Parenting Orders) Rules 2004

Made

1st February 2004

Laid before Parliament

6th February 2004

Coming into force

27th February 2004

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

Citation, interpretation and commencement

1. These Rules may be cited as the Magistrates' Courts (Parenting Orders) Rules 2004 and shall come into force on 27th February 2004.

2. In these Rules the “2003 Act” means the Anti-social Behaviour Act 2003( 2 ).

Parenting Orders under the Anti-social Behaviour Act 2003

3. An application for a parenting order made under section 20 of the 2003 Act shall be made by complaint and in the form set out at Schedule 1 or a form to like effect.

4. A parenting order made under section 20 of the 2003 Act shall be in the form set out at Schedule 2 or a form to like effect.

5. An application for a parenting order made under section 26 of the 2003 Act shall be made by complaint and in the form set out at Schedule 3 or a form to like effect.

6. A parenting order made under section 26 of the 2003 Act shall be in the form set out at Schedule 4 or a form to like effect.

Parenting Orders under the Crime and Disorder Act 1998

7. A parenting order made under section 8 of the Crime and Disorder Act 1998( 3 ) shall be in the form set out at Schedule 5 or a form to like effect.

Parenting Orders under the Powers of Criminal Courts (Sentencing) Act 2000

8. A parenting order made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000( 4 ) shall be in the form set out at Schedule 6 or a form to like effect.

Application for variation or discharge

9. An application for the variation or discharge of an order made under section 20(3) or section 26(3) of the 2003 Act, or under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 shall be made by complaint to the magistrates' court which made the order, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.

Falconer of Thoroton, C.

Dated 1st February 2004

Rule 3

SCHEDULE 1

Application for Parenting Order (Anti-social Behaviour Act 2003, section 20)

Rule 4

SCHEDULE 2

Parenting Order (Anti-social Behaviour Act 2003, section 20)

Rule 5

SCHEDULE 3

Application for Parenting Order (Anti-social Behaviour Act 2003, section 26)

Rule 6

SCHEDULE 4

Parenting Order (Anti-social Behaviour Act 2003, section 26)

Rule 7

SCHEDULE 5

Parenting Order (Crime and Disorder Act 1998, section 8)

Rule 8

SCHEDULE 6

Parenting Order (Powers of Criminal Courts (Sentencing) Act 2000, Schedule 1, paragraph 9D)

( 1 )

1980 c. 43 ; section 144 was amended by section 125(3) of, and paragraph 25 of Schedule 18 to, the Courts and Legal Services Act 1990 and by sections 78(2) and 90(1) of, and paragraphs 26 and 29 of Schedule 11 and paragraphs 95 and 116 of Schedule 13 to, the Access to Justice Act 1999.

( 2 )

2003 c. 38 .

( 3 )

1998 c. 37 ; section 8 was amended by section 18 of the Anti-social Behaviour Act 2003.

( 4 )

2000 c. 6 ; paragraph 9D of Schedule 1 was inserted by section 324 and paragraph 6 of Schedule 34 to the Criminal Justice Act 2003.

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 (Parenting Orders) Rules 2004 (2004/247)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
2003 Actrule 1.2003_Act_rtezezJ
MAGISTRATESUnknownMAGISTRATE_msqvzuDo
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 (Parenting Orders) Rules 2004 2004 No. 247 rule 7 words inserted Sentencing Act 2020 2020 c. 17 Sch. 24 para. 335 Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 rule 8 words substituted Sentencing Act 2020 2020 c. 17 Sch. 24 para. 336 Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 rule 9 words substituted Sentencing Act 2020 2020 c. 17 Sch. 24 para. 337 Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 Sch. 1 words substituted The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 2010 No. 1172 Sch. 3 para. 49(2) Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 Sch. 2 words substituted The Local Education Authorities and Children’s Services Authorities (Integration of Functions) (Local and Subordinate Legislation) Order 2010 2010 No. 1172 Sch. 3 para. 49(3) Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 Sch. 7 words inserted The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 2010 No. 671 Sch. 1 para. 38 Not yet
This amendment comes into force on the day the Housing and Regeneration Act 2008 (c. 17), s. 111 comes into force. S.I. 2010/862, art. 2 commenced that provision on 1.4.2010
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 Sch. 8 words inserted The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 2010 No. 671 Sch. 1 para. 38 Not yet
This amendment comes into force on the day the Housing and Regeneration Act 2008 (c. 17), s. 111 comes into force. S.I. 2010/862, art. 2 commenced that provision on 1.4.2010
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 rule 7 replaced The Criminal Procedure Rules 2005 2005 No. 384 rule 50.2 Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 rule 8 replaced The Criminal Procedure Rules 2005 2005 No. 384 rule 50.2 Not yet
The Magistrates' Courts (Parenting Orders) Rules 2004 2004 No. 247 rule 9 replaced The Criminal Procedure Rules 2005 2005 No. 384 rule 50.3 Not yet

Status of changes to instrument text

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