The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020
| Jurisdiction | UK Non-devolved |
| Citation | SI 2020/100 |
| Year | 2020 |
(1) These Regulations may be cited as the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 and come into force on 6th April 2020.(2) In these Regulations, “the 2018 Act” means the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018.(3) These Regulations extend to England and Wales.The Schedule makes consequential provision in relation to the Schedule to the 2018 Act. any provisions of the Civil Procedure Rules 1998
any provisions of the Court of Protection Rules 2017
On and after 6 April 2020, anything done before that date by a justices' clerk or an assistant to a justices' clerk under any of the provisions amended by the Schedule shall, so far as necessary for its continuing validity, for any question as to its validity or for any proceedings in respect of it, have effect as if done under that provision as so amended. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 in Part II (offices, employments and work) , in paragraph 4, for “justices' clerks and assistants to justices' clerks” substitute “justices' legal advisers”;in Part IV (interpretation) , for the definition of “assistants to justices' clerks” substitute—The Magistrates' Courts Rules 1981 In rule 2 (interpretation) , in paragraph (1) , after the definition of “the Act of 1998” insert—““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”. In rule 3A (case management) , in paragraph (7) (a) , for “, justices' clerk or assistant to a justices' clerk” substitute “or justices' legal adviser”.In rule 86 (requirements to be complied with before release) , in paragraph (1) (b) , for “a justices' clerk” substitute “a justices' legal adviser”.In regulation 5 (the appropriate authority) of the Costs in Criminal Cases (General) Regulations 1986 In rule 2 (general) of the Magistrates' Courts (Costs Against Legal Representatives in Civil Proceedings) Rules 1991 The Civil Procedure Rules 1998 In rule 2.3 (interpretation) , in paragraph (1) after the definition of “jurisdiction” insert—““justices' legal adviser” means a person nominated by the Lord Chancellor who is authorised to exercise functions under section 28(1) of the Courts Act 2003;”. In rule 65.48 (recognizance) , in paragraph (1) (c) , for “clerk” substitute “ legal adviser ” .In rule 77.6 (scope and interpretation) , in paragraph (3) (d) (ii) , for “clerk” substitute “ legal adviser ” .The Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 In rule 3 (hearsay notices) , in paragraph (2) , omit “or the justices' clerk”.in paragraph (3) (a) , for “justices' clerk” substitute “ designated officer for the court ” ;after “The court”, omit “or the justices' clerk”;after “if the court”, omit “or the justices' clerk, as the case may be,”.The Magistrates' Courts (Anti-Social Behaviour Orders) Rules 2002 in paragraph (1) , for “justices' clerk” substitute “ court ” ;for “justices' clerk” substitute “ court ” ;for “he” substitute “ it ” .Omit rule 8 (delegation by justices' clerk) .In rule 2 (interpretation) of the Magistrates' Courts (Detention and Forfeiture of Cash) Rules 2002 In rule 2 (application for forfeiture) of the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003 The Community Legal Service (Funding) Order 2007 omit the definition of “assistant to a justices' clerk”;omit the definition of “justices' clerk” and in its place insert—in Table 2(c) , in the second column, for “Assistant to a justices' clerk, justices' clerk” each of the 5 times those words occur, substitute “Justices' legal adviser”;in Table 3(e) , in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;in Table 3(f) , in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;in Table 3(g) , in the second column, for “Assistant to a justices' clerk, justices' clerk” both times those words occur, substitute “Justices' legal adviser”;in Table 9(a) , in the heading to the third column, for “Assistant to a justices' clerk, justices' clerk” substitute “Justices' legal adviser”;in Table 9(b) , in the heading to the
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