HC Deb 23 October 1989 vol 158 cc594-6

' .—(1) An authority having power to make rules of court may make such provision for giving effect to—

  1. (a) this Act;
  2. (b) the provisions of any statutory instrument made under this Act; or
    3. 595
  3. (c) any amendment made by this Act in any other enactment,

as appears to that authority to be necessary or expedient.

(2) The rules may, in particular, make provision—

  1. (a) with respect to the procedure to be followed in any relevant proceedings (including the manner in which any application is to be made or other proceedings commenced);
  2. (b) as to the persons entitled to participate in any relevant proceedings, whether as parties to the proceedings or by being given the opportunity to make representations to the court;
  3. (c) with respect to the documents and information to be furnished, and notices to be given, in connection with any relevant proceedings;
  4. (d) applying (with or without modification) enactments which govern the procedure to be followed with respect to proceedings brought on a complaint made to a magistrates' court to relevant proceedings in such a court brought otherwise than on a complaint;
  5. (e) with respect to preliminary hearings;
  6. (f) for the service outside the United Kingdom, in such circumstances and in such manner as may be prescribed, of any notice of proceedings in a magistrates' court;
  7. (g) for the exercise by magistrates' courts, in such circumstances as may be prescribed, of such powers as may be prescribed (even though a working party to the proceedings in question is outside England and Wales);
  8. (h) enabling the court, in such circumstances as may be prescribed, to proceed on any application even though the respondent has not been given notice of the proceedings;
  9. (i) authorising a single justice to discharge the functions of a magistrates' court with respect to such relevant proceedings as may be prescribed;
  10. (j) authorising a magistrates' court to order any of the parties to such relevant proceedings as may be prescribed, in such circumstances as may be prescribed, to pay the whole or part of the costs of all or any of the other parties.

(3) In subsection (2)—

"notice of proceedings" means a summons or such other notice of proceedings as is required; and "given", in relation to a summons, means "served";

"prescribed" means prescribed by the rules; and

"relevant proceedings" means any application made, or proceedings brought, under any of the provisions mentioned in paragraphs (a) to (c) of subsection (1) and any part of such proceedings.

(4) This section and any other power in this Act to make rules of court are not to be taken as in any way limiting any other power of the authority in question to make rules of court.

(5) When making any rules under this section an authority shall be subject to the same requirements as to consultation (if any) as apply when the authority makes rules under its general rule making power.'.—[The Solicitor-General.]

Brought up, and read the First time.

The Solicitor-General

I beg to move, That the clause be read a Second time.

Madam Deputy Speaker (Miss Betty Boothroyd)

With this it will be convenient to take Government amendments Nos. 380 and 307.

The Solicitor-General

The effect of new clause 23 is to enable rules of court to be made to govern practice and procedure and therefore to put flesh on to the bones of what we have been discussing in principle for dealing with cases involving children when the Bill comes into force. New clause 23 supersedes clause 83 of the Bill and amendment No. 380 makes clear that the separate rule-making power in clause 46(1) does not affect the new clause.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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