Statutory Instruments
2005 No. 3518 (C.147)
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS, ENGLAND AND WALES
MAGISTRATES' COURTS, ENGLAND AND WALES
The Courts Act 2003 (Commencement No. 12 and Transitional Provision) Order 2005
Made
16th December 2005
The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 108(6) and 110 of the Courts Act 2003( 1 ).
Citation
1. This Order may be cited as the Courts Act 2003 (Commencement No. 12 and Transitional Provision) Order 2005.
Commencement of provisions of the Courts Act 2003
2. Subject to article 3, the following provisions of the Courts Act 2003 shall come into force on 10th January 2006—
(a) in Schedule 8 (minor and consequential amendments), paragraphs 242 and 254 (Magistrates' Courts Act 1980);
(b) in Schedule 10 (repeals), the repeal of sections 137 and 138 of, and Schedule 6 to, the Magistrates' Courts Act 1980( 2 ); and
(c) section 109(1) and (3) to the extent necessary for those amendments and repeals.
3. The following provisions of the Courts Act 2003 shall come into force on 6th April 2006—
(a) subsection (1)(a), (b), and (c) and subsection (3)(a) and (b) of section 98 (register of judgments and orders etc );
(b) paragraph 16 of Schedule 9 (transitional provisions and savings);
(c) in Schedule 10 (repeals), the repeal of sections 73 and 73A of the County Courts Act 1984( 3 ); and
(d) section 109(2) and (3) to the extent necessary for the purposes of paragraphs (b) and (c).
Transitional provision
4. Sections 137(1) and 138 of, and Part 1 of Schedule 6 to, the Magistrates' Courts Act 1980 are to continue to have effect for the purposes of an application under the following sections of the Adoption Act 1976( 4 )—
(a) section 20 (revocation of a section 18 order);
(b) section 27(1) or (2) (restriction on removal of child where adoption pending or application made under section 18); and
(c) section 29 (return of child taken away in breach of section 27).
Falconer of Thoroton, C
Date 16th December 2005
2003 c. 39 . section 108(6) is amended by sections 15(1) of, and paragraphs 308 and 348 of Part 1 of Schedule 4 to, the Constitutional Reform Act 2005 (c. 4) , from a date to be appointed.
1984 c. 28 . Section 73 was amended by section 125(2) of, and paragraph 14 of Schedule 17 to, the Courts and Legal Services Act 1990 (c. 41) , and by section 54 of the Administration of Justice Act 1985 (c. 61) . Section 73A was inserted by section 54 of the Administration of Justice Act 1985.
1976 c. 36 , section 20 was amended by section 88 of, and Schedule 10, paragraph 8(1) and (2) to, the Children Act 1989 (c. 41) and by section 139(2) of, and paragraph 7(2) of Schedule 4 to, the Adoption and Children Act 2002 (c. 38) . Sections 27 and 29(1) and (2) were substituted by section 88 of, and Schedule 10, paragraphs 12 and 15 to, the Children Act 1989. The Adoption Act 1976 is repealed, with savings, by section 139(3) of, and Schedule 5 to, the Adoption and Children Act 2002 (c. 38) .