Memorandum from the Lord Chancellor's
LITIGANTS IN PERSON (COSTS AND EXPENSES) (MAGISTRATES'
COURTS) ORDER 2001 (S.I. 2001/3438)
1. The Lord Chancellor's Department submits this
memorandum in response to the request dated 20 November 2001 on
the point set out below:
Article 3 provides that in section 1 of the 1975
Act the expression "rules of court", in relation to
magistrates' courts in England and Wales, means rules made under
section 144 of the Magistrates' Courts Act 1980. Explain-
(a) the need for this provision, given that that
expression is defined in the Interpretation Act 1978 (in Schedule
(b) what authorises its inclusion, given that section
1(4)(c) of the 1975 Act refers to a tribunal and not to a court.
2. It is conceded that it was not necessary to include
this provision, given that "rules of court" is defined
in Schedule 1 to the Interpretation Act 1978. It is also conceded
that section 1(4)(c) of the 1975 Act does not apply to courts,
as opposed to tribunals, and therefore does not confer power to
define "rules of court" in section 1(1) of the 1975
Act in relation to magistrates' courts. It was therefore incorrect
to cite section 1(4)(c) as one of the powers exercised.
26th November 2001