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The Civil Procedure Act 1997 (Commencement No. 1)Order 1997


Published: 1997-03-14

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Statutory Instruments
1997 No. 841 (C. 30)

SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
The Civil Procedure Act 1997 (Commencement No. 1)Order 1997

Made
14th March 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 11(2) of the Civil Procedure Act 1997(1) hereby makes the following Order—

1.  This Order may be cited as the Civil Procedure Act 1997 (Commencement No. 1) Order 1997.

2.  Section 10 of the Civil Procedure Act 1997 (minor and consequential amendments), so far as it relates to paragraph 3(a) of Schedule 2 to the Act, shall come into force forthwith.

3.  The following provisions of the Civil Procedure Act 1997 shall come into force on 27th April 1997—

(a)sections 1 to 9; and

(b)section 10 (minor and consequential amendments) so far as it relates to the entries in Schedule 2 referred to in article 4.

4.  The entries in Schedule 2 referred to in article 3(b) are—

(a)paragraph 1(1) and (2) (amendment of section 18 of the Supreme Court Act 1981(2));

(b)paragraph 1(4)(c) (amendment of section 84 of the Supreme Court Act 1981);

(c)paragraph 2(1) and (2) (amendment of the County Courts Act 1984(3));

(d)paragraph 2(4) (amendment of section 1 of the County Courts Act 1984);

(e)paragraph 2(5) (amendment of section 3 of the County Courts Act 1984); and

(f)paragraph 4 (amendment of section 120 of the Courts and Legal Services Act 1990(4)).

Mackay of Clashfern , C.
Dated 14th March 1997

Explanatory Note

(This note is not part of the Order)
This Order brings into force immediately, section 10 of the Civil Procedure Act 1997 (minor and consequential amendments) in so far as it relates to paragraph 3(a) of Schedule 2 to the Act. Paragraph 3(a) amends section 40 of the Matrimonial and Family Proceedings Act 1984 (c. 42) to allow Family Proceedings Rules to make different provision for different cases or areas.
The Order brings into force, on 27th April 1997, the remaining provisions of the Civil Procedure Act 1997 with the exception of some minor and consequential amendments in Schedule 2 to the Act. These amendments, which relate to the Supreme Court Act 1981 and the County Courts Act 1984, cannot take effect until the rules made under those Acts are replaced by the Civil Procedure Rules made under the Civil Procedure Act 1997.


(1)
1997 c. 12.

(2)
1981 c. 54.

(3)
1984 c. 28.

(4)
1990 c. 41.