Citation and interpretation

1.—(1) This Order may be cited as the Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004.

(2) In this Order a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Courts Act 2003.

Commencement of provisions of the Courts Act 2003

2.  The following provisions of the Courts Act 2003 come into force on the 4th January 2005—

(a)section 92;

(b)in Schedule 8 (minor and consequential amendments)—

(i)paragraph 263 (fees to be taken in the Supreme Court);

(ii)paragraph 276 (fees);

(iii)paragraph 277;

(iv)paragraph 278(b) (fees in family proceedings);

(c)in Schedule 10 (repeals)—

(i)the repeal of section 130 of the Supreme Court Act 1981(2);

(ii)the repeal of section 128 of the County Courts Act 1984(3);

(iii)the repeal of the definition of “fees orders” in section 147(1) of the County Courts Act 1984;

(iv)the repeal of section 41 of the Matrimonial and Family Proceedings Act 1984(4);

(d)section 109(1) and (3) to the extent necessary for those amendments and repeals.

Revocations and savings

3.—(1) The repeals of —

(a)section 130 of the Supreme Court Act 1981;

(b)section 128 of the County Courts Act 1984;

(c)section 41 of the Matrimonial and Family Proceedings Act 1984;

shall revoke the Orders specified in Part 1 of the Schedule, except as to—

(i)any fee or other sum due under any such Orders before 4th January 2005;

(ii)any refund of fees due or payable under any such Orders before 4th January 2005;

(iii)any reduction or remission of fees under any such Orders before 4th January 2005.

(2) The repeal of section 130 of the Supreme Court Act 1981 shall not revoke the Orders specified in Part 2 of the Schedule in so far as they are made under that section.

Amendment to subordinate legislation

4.  The subordinate legislation set out in Part 3 of the Schedule is amended as specified in that Part.

Articles 3 and 4

SCHEDULE

PART 1

PART 2

PART 3

Parental Responsibility Agreement Regulations 1991(5)

In regulation 3(3)(b) for “section 41 of the Matrimonial and Family Proceedings Act 1984 (Fees in family proceedings).” substitute “section 92 of the Courts Act 2003 (Fees).”.

Explanatory Note

(This note is not part of the Order)

This Order brings into force on the 4th January 2005 section 92 of the Courts Act 2003 (Fees) and with savings the following minor and consequential amendments and repeals—

• in Schedule 8, the amendments in paragraphs 263, 276, 277 and 278(b);

• in Schedule 10, the repeals of section 130 of the Supreme Court Act 1981, section 128 of the County Courts Act 1984, section 41 of the Matrimonial and Family Proceedings Act 1984 and the repeal of the definition of “fees orders” in section 147(1) of the County Courts Act 1984;

and provides for a consequential amendment to the Parental Responsibility Agreement Regulations 1991.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Courts Act 2003 have been brought into force by commencement orders made before the date of this Order: