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Statutory Instruments

2003 No. 3367 (L39)

MAGISTRATES' COURTS, ENGLAND AND WALES

The Family Proceedings Courts (Constitution) (Amendment) Rules 2003

Made

1st December 2003

Laid before Parliament

10th December 2003

Coming into force

1st January 2004

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

1.  These Rules may be cited as the Family Proceedings Courts (Constitution) (Amendment) Rules 2003 and shall come into force on 1st January 2004.

2.  The Family Proceedings Courts (Constitution) Rules 1991(2) are amended in accordance with rules 3 and 4 below.

3.  In rule 2(1)—

(a)in the definition of “commission area” for “the inner London area or the City of London” substitute “the Greater London Commission Area”;

(b)omit the definition of “inner London area”; and

(c)in the definition of “petty sessions area” for “the inner London area or any petty sessional division thereof, or the City of London” substitute “any petty sessions area within the Greater London Commission Area”.

4.  For rule 3 substitute—

3.  These Rules do not apply in the Greater London Commission Area..

Falconer of Thoroton, C

1st December 2003

Explanatory Note

(This note is not part of the Rules)

These Rules amend the Family Proceedings Courts (Constitution) Rules 1991 (S.I. 1991/1405) so that they no longer apply to the Greater London Commission Area.

With effect from 1st January 2004 the Family Proceedings Courts (Constitution) (Greater London) Rules 2003 (S.I. 2003/2960) will instead apply to the Greater London Commission Area.

Other minor consequential amendments are made to rule 2(1) (interpretation) to omit or amend definitions.

(1)

1980 c. 43. Section 144 is amended by paragraphs 95 and 116 of Schedule 13 to the Access to Justice Act 1999 (c. 22).

(2)

S.I. 1991/1405 amended by S.I. 2000/1873.