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STATUTORY INSTRUMENTS

2007 No. 2222 (L. 24)[a]

MAGISTRATES' COURTS, ENGLAND AND WALES

PROCEDURE

The Magistrates' Courts (Parenting Orders) (Amendment) Rules 2007

  Made 23rd July 2007 
  Laid before Parliament 6th August 2007 
  Coming into force 1st September 2007 

The Lord Chief Justice, after consultation with the rule committee appointed by the Lord Chancellor under section 144 of the Magistrates' Courts Act 1980[1] and with the concurrence of the Lord Chancellor, in exercise of the powers conferred by that section, makes the following Rules:

Citation and commencement
     1. These Rules may be cited as the Magistrates' Courts (Parenting Orders) (Amendment) Rules 2007 and come into force on 1st September 2007.

Amendment of the Magistrates' Courts (Parenting Orders) Rules 2004
     2. The Magistrates' Courts (Parenting Orders) Rules 2004[2] are amended as follows.

     3. After rule 6, insert the following—

Amendment of Schedule 1
     4. In Schedule 1 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 20))—

Amendment of Schedule 2
     5. In Schedule 2 (Parenting Order (Anti-social Behaviour Act 2003, section 20))—

Amendment of Schedule 3
     6. In Schedule 3 (Application for Parenting Order (Anti-social Behaviour Act 2003, section 26))—

     7. After Schedule 4, insert the Schedules set out in the Schedule to these Rules.


Phillips of Worth Matravers CJ

13th July 2007



I concur


Jack Straw
The Lord Chancellor

23rd July 2007



SCHEDULE
Rule 7


SCHEDULES 5 TO 8 OF THE MAGISTRATES' COURTS (PARENTING ORDERS) RULES 2004







EXPLANATORY NOTE

(This note is not part of the Rules)


These Rules amend the Magistrates' Courts (Parenting Orders) Rules 2004 (S.I. 2004/247(L. 3)) ("the principal Rules"). They amend Schedules 1 and 2 of the principal Rules consequent upon the amendment of section 20 of the Anti-social Behaviour Act 2003 ("the 2003 Act") by section 98 of the Education and Inspections Act 2006 ("the 2006 Act", rules 4 and 5 respectively). They amend Schedule 3 of the principal Rules (rule 6). Rule 3 inserts rules 7 to 10 of, and rule 7 inserts Schedules 5 to 8 to, the principal Rules. These provisions set out the procedure in relation to parenting orders under sections 26A and 26B of the 2003 Act, and provide forms in relation to these parenting orders.

Parenting orders were introduced by the Crime and Disorder Act 1998. Section 20 of the 2003 Act made parenting orders available in respect of pupils excluded from school, and section 98 of the 2006 Act amended section 20 to extend the availability of parenting orders to situations where a pupil has engaged in behaviour which would warrant exclusion from school immediately (but where the school deals with the behaviour in a different way). Sections 26A and 26B of the 2003 Act were inserted by section 24 of the Police and Justice Act 2006 and extend the situations in which parenting orders can be made. Section 26A sets out provisions for local authorities to apply for parenting orders where the child has been engaging in anti-social behaviour and the child resides, or appears to reside, in the local authority's area. Section 26B sets out provisions for registered social landlords to apply for parenting orders where the child has been engaging in anti-social behaviour and the behaviour in question directly or indirectly relates to or affects the housing management functions of the registered social landlord. Parenting orders may require the parent(s) or guardian(s) of the child to attend a counselling and guidance programme. Parenting orders may include other requirements including a requirement to attend a residential course.

These Rules come into force on 1st September 2007.

Notes:

 [1] 1980 c. 43. Section 144 has been amended by sections 15(1) of, and paragraphs 99 and 102 of Part 1 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4). There are other amendments to section 144 not yet in force; parenting orders are not family proceedings within the meaning of section 65 of the Magistrates' Courts Act and accordingly section 144(1)(b) does not apply to parenting orders.back

[2] S.I. 2004/247 (L. 3); r. 7 to 9 and Schedules 5 and 6 were revoked by r. 2.1 of the Criminal Procedure Rules 2005 (S.I. 2005/384 (L. 4), the Courts Act 2003 (c. 39), the Courts Act 2003 (Commencement No 6 and Savings) Order 2004 (S.I. 2004/2066) and the Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035).back

[3] Section 26A of the Anti-social Behaviour Act 2003 (c. 38) was inserted by section 24 of the Police and Justice Act 2006 (c. 48).back

[4] Section 26B of the Anti-social Behaviour Act 2003 was inserted by section 24 of the Police and Justice Act 2006.back

[5] Subsection (3) was substituted by section 98(5) of the Education and Inspections Act 2006 (c. 40).back

[6] Subsection (1A) was inserted by section 99(2)(b) of that Act.back

[a] Amended by Correction Slip. The number of this instrument should read: "2007 No. 2222 (L. 24)". back



ISBN 978 0 11 078336 9


 © Crown copyright 2007

Prepared 10 August 2007

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