(1)This Order comes into force on 1st September 2004.
(2)But the amendment of any enactment by this Order—
(a)so far as it relates to Criminal Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Criminal Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Criminal Procedure Rules made under section 69 of the Courts Act 2003,
(b)so far as it relates to Family Procedure Rules, shall not affect the operation of the enactment amended in relation to rules of court other than Family Procedure Rules during the period between the coming into force of this Order and the coming into force of the first Family Procedure Rules made under section 75 of the Courts Act 2003.
(1)Amend section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders) as follows.
(2)In subsection (6)—
(a)for “The Lord Chancellor may make rules” substitute “Rules may make provision”, and
(b)for “in particular for making” substitute “, in particular,”.
(3)After subsection (6), insert—“6A In subsection (6) above “rules”—a in relation to the preferment of a bill of indictment by the direction or with the consent of a judge of the High Court, means rules made by the Lord Chancellor, andb in any other case, means Criminal Procedure Rules.”
(2)
(1)Amend section 38A of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (rules of court) as follows.
(2)In subsection (1), for the words preceding “may make provision” substitute “Rules of court”.
(3)In subsection (2), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “rules of court”.
(4)Omit subsection (3).
(5)In the section heading, for “Magistrates' courts rules” substitute “Rules of court”.
(3)In section 17(3)(a) of the Greater London Council (General Powers) Act 1972 (duty to give information in certain cases), for “rules made under section 15 of the Justices of the Peace Act 1949” substitute “Criminal Procedure Rules”.
(4)Amend the Adoption Act 1976 as follows.
(5)In section 61 (evidence of agreement and consent), for “rules” (in both places) substitute “Family Procedure Rules”.
(6)In section 62(2)(c) (authorised county courts), for the words from “rules” onwards substitute “Family Procedure Rules”.
(7)
(1)Amend section 65 (duties of officers of the Service) as follows.
(a)for “Crown Court Rules” substitute “Rules of court made under section 84”, and
(b)after “such appeals” insert “(except so far as relating to criminal causes or matters)”.
(18)In section 151(4) (interpretation), omit the definitions of “Criminal Appeal Rules” and “Crown Court Rules”.
(19)In section 16(6) of the Local Government (Miscellaneous Provisions) Act 1982 (provisions supplementary to ss 14 and 15), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
(20)Omit paragraph 20(a) of Schedule 1 to the Matrimonial and Family Proceedings Act 1984 (amendment of section 62 of the Adoption Act 1976).
(21)Amend the Criminal Justice Act 1987 as follows.
(22)In section 6(6) (applications for dismissal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
(23)
(1)Amend section 9 (the preparatory hearing) as follows.
(2)In subsection (6)—
(a)for “Crown Court Rules” substitute “Criminal Procedure Rules”, and
(b)in paragraph (b), for “rules under” substitute “such rules made by virtue of”.
(24)Amend the Criminal Justice Act 1988 as follows.
(25)In section 31 (form of evidence and glossaries), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
(26)
(1)Amend section 32 (evidence through television links) as follows.
(2)In subsection (4)—
(a)for “rules to which this section applies” substitute “Criminal Procedure Rules”, and
(b)for “authority making them” substitute “Criminal Procedure Rule Committee”.
(3)Omit subsection (5).
(27)
(1)Amend section 159 (crown court proceedings—orders restricting or preventing reports or restricting public access) as follows.
(2)In subsection (6), omit the words preceding “Rules of Court”.
(3)For subsection (7)(b), substitute—“b in subsection (6), before “Rules of Court” there shall be inserted “Without prejudice to the generality of sections 52 and 55 of the Judicature (Northern Ireland) Act 1978”.”
(28)In paragraph 4 of Schedule 2 (documentary evidence)—
(a)for paragraphs (a), (b) and (c) substitute “, Criminal Procedure Rules”, and
(b)for “authority making any of them” substitute “Criminal Procedure Rule Committee”.
(29)Amend the Road Traffic Offenders Act 1988 as follows.
(30)In section 12(1)(a) and (3)(a) (proof, in summary proceedings, of identity of driver of vehicle), for “rules made under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.
(31)In section 13(4)(c) (admissibility of records as evidence), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.
(32)Amend the Criminal Justice Act 1991 as follows.
(33)Omit section 55(5) (amendment of section 32 of the Criminal Justice Act 1988).
(34)In paragraph 5(8) of Schedule 6 (notices of transfer: procedure in lieu of committal), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
(35)Amend the Crime and Disorder Act 1998 as follows.
(36)
(1)Amend section 49 (powers of magistrates' courts exercisable by single justice etc.) as follows.
(2)For subsection (2) substitute—“2 Criminal Procedure Rules may, subject to subsection (3) below, provide that any of the things which, by virtue of subsection (1) above, are authorised to be done by a single justice of the peace for any area may, subject to any specified restrictions or conditions, be done by a justices' clerk for that area.”
(3)In subsection (3), for “Rules under that section” substitute “Criminal Procedure Rules”.
(4)In subsection (4)—
(a)for “rules under that section” substitute “Criminal Procedure Rules”, and
(3)In paragraph 4(12), in the definition of “prescribed”, for “rules made under section 144 of the 1980 Act” substitute “Criminal Procedure Rules”.
(38)Omit paragraph 2(7) of Schedule 3 to the Access to Justice Act 1999 (Criminal Defence Service: right to representation).
(39)Amend the Powers of Criminal Courts (Sentencing) Act 2000 as follows.
(40)
(1)Amend section 31 (rules of court) as follows.
(2)In subsection (1)—
(a)for “Rules of court” substitute “Criminal Procedure Rules”, and
(b)for “authority making them” substitute “Criminal Procedure Rule Committee”.
(3)Omit subsection (2).
(41)In section 63(6) (supervision orders), for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.
(42)In section 132(2) (compensation orders: appeals etc.), for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.
(43)In section 155(7) (alteration of Crown Court sentence), for “Crown Court Rules” substitute “Criminal Procedure Rules”.
(44)In section 163 (general definitions), in the definition of “the register”, for “rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”.
(45)Amend the Criminal Justice Act 2003 as follows.
(46)
(1)Amend section 30 (further provision about new method of instituting proceedings) as follows.
(2)In subsection (1)—
(a)for “Rules under section 144 of the Magistrates' Courts Act 1980” substitute “Criminal Procedure Rules”, and
(a)for “rules made” substitute “Criminal Procedure Rules made by virtue of”,
(b)in paragraph (a), omit “under”, and
(c)in paragraph (b), omit “under section 144 of the Magistrates' Courts Act 1980 (c. 43) by virtue of”.
(51)For section 132(10) (definitions), substitute—“10 In this section “prescribed” means prescribed by rules of court”
(52)In paragraph 5 of Schedule 6 (evidence of bad character: armed forces), for “, in subsection (7), the definition of” substitute “the expression”.
(53)For paragraph 2(6) of Schedule 7 (hearsay evidence: armed forces), substitute—“6 Section 132 has effect as if the expression “rules of court” included rules regulating the practice and procedure of service courts.”
Contains public sector information licensed under the Open Government Licence v3.0.