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The Courts and Legal Services Act 1990 (Commencement No. 5) Order 1991

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Statutory Instruments

1991 No. 1364 (C.37)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

MAGISTRATES' COURTS

LEGAL SERVICES

LEGAL PROFESSION

NOTARIES PUBLIC

The Courts and Legal Services Act 1990 (Commencement No. 5) Order 1991

Made

11th June 1991

The Lord Chancellor, in exercise of the powers conferred on him by section 124(3) of the Courts and Legal Services Act 1990(1), hereby makes the following Order:

1.  This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 5) Order 1991.

2.  The provisions of the Courts and Legal Services Act 1990 specified in the Schedule hereto shall come into force on 1st July 1991.

Mackay of Clashfern, C.

Dated 11th June 1991

SCHEDULE

Provision of the ActSubject matter of provision
Section 2Transfer of proceedings between courts
Section 3Remedies available in county courts
Section 10Family proceedings in magistrates' courts and related matters
Section 15Enforcement
Section 56Administration of oaths etc. by justices in certain probate business
Section 57Notaries
Section 74(4)–(7)District Judges
Section 86Commencement etc. of solicitors' practising certificates
Section 117Extension of powers of justices' clerks
Paragraphs 6, 17 and 18 of Schedule 17, and section 125(2) so far as it relates to them.Minor amendments
Paragraphs 9, 10, 17, 18 and 43–46 of Schedule 18 and section 125(3) so far as it relates to them.Consequential amendments
Paragraphs 12 and 13 of Schedule 19, and section 125(6) so far as it relates to them.Transitionals and savings
Section 125(7) and Schedule 20 so far as they provide for the repeal of, or of words in, the following provisions—Repeals

(a)sections 1–5 and 7–9 of the Public Notaries Act 1801(2)

(b)the Public Notaries Act 1833(3) and the Public Notaries Act 1843(4)

(c)the Small Debts Act 1845(5)

(d)the Welsh Church Act 1914(6)

(e)section 37 of the Administration of Justice Act 1956(7)

(f)section 29 of the Administration of Justice Act 1969(8)

(g)sections 19, 20, 22, 29, 34, 43, 44, 89(3), 105 and 106 of, and Schedule 1 to, the County Courts Act 1984(9)

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 1st July 1991 a number of provisions in the Courts and Legal Services Act 1990. These provisions, together with a brief indication of their subject matter, are listed in the Schedule to the Order.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

ProvisionDate of commencementS.I. No.
Section 125(7) (partially), Schedule 20 (partially)1.11.19901990/2170
Sections 9, 21, 22, 23, 24(1) and (2), 25–28, 31(1) and (2), 32(1) and (2), 33(1) and (2), 60–62, 66–68, 70 (partially), 71, 74(1)–(3), 75–78, 83, 84, 116 (partially), 118 and 125 (partially); and Schedules 3, 10, 11, 16 (partially) 17 (partially), 18 (partially), 19 (partially) and 20 (partially)1.11.19911990/2484
Sections 17–20, 24(3), 29, 30, 31(3)–(9), 32(3)–(9), 33(3)–(9), 34, 35, 40, 53 (partially), 59, 63(1)(a) and (2), 69, 93, 99–101, 103 and 113–115; and Schedules 1, 2, 4, 5, 8 (partially), 15, 17 (partially), 18 (partially), 19 (partially) and 20 (partially)1.4.19911991/608
Sections 111, 125 (partially) and Schedule 18 (partially)1.5.19911991/985

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