The Courts Act 2003 (Transitional Provisions, Savings and Consequential Provisions) Order 2005

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This Statutory Instrument has been made in consequence of a defect in S.I.2005/547 and is being issued free of charge to all known recipients of that Statutory Instrument.

(a) the Justices' Clerks (Qualification of Assistants) Rules 1979[4] shall continue in force and shall have effect as if made under section 27(6) of the Courts Act 2003 and may be varied or revoked accordingly; and

(b) the Justices and Justices' Clerks (Costs) Regulations 2001[5] shall continue in force and shall have effect as if made under section 34(4) of the Courts Act 2003 and may be varied or revoked accordingly.

     7. Any appointment of a magistrate as a member of a police authority which has effect on or before the date when paragraphs 373 and 374 of Schedule 8 to the Courts Act 2003 come into force shall continue to have effect as if those paragraphs had not come into force.

Family proceedings courts
     8.  - (1) The Family Proceedings Courts (Constitution) Rules 1991[6] and the Family Proceedings Courts (Constitution)(Greater London) Rules 2003[7] shall continue to have effect as if made under section 67 of the 1980 Act[8].

    (2) Any justice of the peace who on 31st March 2005 was a member of a family panel shall remain on that panel until the next elections in accordance with the Family Proceedings Courts (Constitution) Rules 1991 or the Family Proceedings Courts (Constitution)(Greater London) Rules 2003, as the case may be, are held.

    (3) Any justice of the peace who immediately following such elections is qualified to sit as a member of a family proceedings court shall be treated as having been authorised to do so by the Lord Chancellor under section 67 of the 1980 Act.

Youth courts
     9. The Youth Courts Constitution Rules 1954[9] shall continue to have effect as if made under section 45 of the 1933 Act[10].

Court security officers
     10. Any person who on 31 March 2005 was employed to act as a court security officer within the meaning of section 92 of the Criminal Justice Act 1991[11] shall from 1st April 2005 be treated as having been designated as a court security officer under section 51(1)(b) of the Courts Act 2003.

Damages Act 1996
     11. The powers conferred by section 2(1) and (2) of the Damages Act 1996[12] shall be exercisable in proceedings whenever begun.

Periodical payments: Income and Corporation Taxes Act 1988
     12. Section 329AA of the Income and Corporation Taxes Act 1988[13] applies to orders made by a court before 24th September 1996 under which damages for personal injury are to consist wholly or partly of periodical payments as it applies to orders made in reliance on section 2 of the Damages Act 1996.

Periodical payments: Financial Services and Markets Act 2000
     13. Where Article 9(1)(a) of the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001[14] applies in relation to an Article 9 default (as defined in Article 2(2) of that Order) occurring on or after 24th September 1996 and before 1st December 2001, sections 4(1) to (3), (3C) and (4) and 5 of the Damages Act 1996 continue to apply, as if a new section 4 of that Act had not been substituted for those provisions by section 101 of the Courts Act 2003.

     14. Where a requirement under a long term insurance provision (as defined in section 4(3C) of the Damages Act 1996) arises on or after 1st December 2001 and before 1st April 2005, sections 4(3A) to (3D) and 5 of that Act continue to apply in respect of the authorised insurer, as if a new section 4 of that Act had not been substituted for those provisions by section 101 of the Courts Act 2003.

[2] S.I. 2005/554.back

[3] 1997 c. 25.back

[4] S.I. 1979/570 as amended by S.I. 1980/1891, S.I.1992/1834, S.I. 1998/3107, S.I. 1999/2814 and S.I. 2001/2269.back

[5] S.I. 2001/1296.back

[6] S.I. 1991/1405.back

[7] S.I. 2003/2960.back

[8] 1980 c. 43; section 67 was substituted by section 49 of the Courts Act 2003.back

[9] S.I. 1954/1711.back

[10] 1933 c. 12; section 45 was substituted by section 50 of the Courts Act 2003.back

[11] 1991 c. 53.back

[12] 1996 c.48; section 2(1) and (2) was substituted by section 100 of the Courts Act 2003.back

[13] 1988 c. 1.back

[14] S.I. 2001/2967, as amended by S.I. 2003/2134.back

[15] S.I. 2001/3352.back