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Criminal Justice and Immigration Act 2008

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Criminal Justice and Immigration Act 2008

2008 c. 4

An Act to make further provision about criminal justice (including provision about the police) and dealing with offenders and defaulters; to make further provision about the management of offenders; to amend the criminal law; to make further provision for combatting crime and disorder; to make provision about the mutual recognition of financial penalties; to amend the Repatriation of Prisoners Act 1984; to make provision for a new immigration status in certain cases involving criminality; to make provision about the automatic deportation of criminals under the UK Borders Act 2007; to amend section 127 of the Criminal Justice and Public Order Act 1994 and to confer power to suspend the operation of that section; and for connected purposes.

Enacted[8th May 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 Youth rehabilitation orders

Youth rehabilitation orders

F931 Youth rehabilitation orders

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F932 Breach, revocation or amendment of youth rehabilitation orders

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F933 Transfer of youth rehabilitation orders to Northern Ireland

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F1724 Meaning of “the responsible officer”

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F1715 Responsible officer and offender: duties in relation to the other

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Supplementary

6 Abolition of certain youth orders and related amendments

I3341 Chapters 1, 2, 4 and 5 of Part 4 of (and Schedules 3 and 5 to 7 to) the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (curfew orders, exclusion orders, attendance centre orders, supervision orders and action plan orders) cease to have effect.
2 Part 1 of Schedule 4 makes amendments consequential on provisions of this Part.
3 Part 2 of Schedule 4 makes minor amendments regarding other community orders which are related to the consequential amendments in Part 1 of that Schedule.

F1077 Youth rehabilitation orders: interpretation

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F1228 Isles of Scilly

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Part 2 Sentencing

General sentencing provisions

C29 Purposes etc. of sentencing: offenders under 18

F1141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 44 of the Children and Young Persons Act 1933 (c. 12) (general considerations) after subsection (1) insert—
4 In section 42(1) of the Crime and Disorder Act 1998 (c. 37) (interpretation of Part 3 of Act), after the definition of “local authority” insert—
.

F9410 Effect of restriction on imposing community sentences

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F9411 Restriction on power to make a community order

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F9412 Pre-sentence reports

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Custodial sentences

F1613 Sentences of imprisonment for public protection

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F1714 Sentences of detention for public protection

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F1815 Extended sentences for certain violent or sexual offences: persons 18 or over

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F1916 Extended sentences for certain violent or sexual offences: persons under 18

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F9517 The assessment of dangerousness

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F9518 Further amendments relating to sentences for public protection

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F9519 Indeterminate sentences: determination of tariffs

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F9520 Consecutive terms of imprisonment

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Release and recall of prisoners

21 Credit for period of remand on bail: terms of imprisonment and detention

I1401 The Criminal Justice Act 2003 (c. 44) is amended as follows.
F20I3142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1403 In the italic heading before section 240, after “custody” insert “ or on bail subject to certain types of condition ”.
I1404 After section 240 insert—
F21I1405 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1406 In section 242 (interpretation of sections 240 and 241), in the title and in subsection (1), after “sections 240” insert “ , 240A ”.
F22I1407 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I141C322 Credit for period of remand on bail: other cases

1 The Criminal Justice Act 2003 (c. 44) is amended in accordance with subsections (2) and (3).
F232 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In paragraph 2 of Schedule 2 to the Criminal Appeal Act 1968 (c. 19) (sentence on conviction at retrial), in sub-paragraph (4), for the words from the beginning to “custody:” substitute “ Sections 240 and 240A of the Criminal Justice Act 2003 (crediting of periods of remand in custody or on bail subject to certain types of condition: ”.
F1155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In paragraph 2(1) of Schedule 7 to the International Criminal Court Act 2001 (c. 17) (provisions of law of England and Wales affecting length of sentence which are not applicable to ICC prisoners), for paragraph (d) substitute—

F2423 Credit for period of remand on bail: transitional provisions

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I1624 Minimum conditions for early release under section 246(1) of Criminal Justice Act 2003

In section 246(2) of the Criminal Justice Act 2003 (c. 44) (minimum conditions for early release of fixed-term prisoner other than intermittent custody prisoner) for paragraph (b) substitute

I17I45625 Release on licence under Criminal Justice Act 2003 of prisoners serving extended sentences

1 Section 247 of the Criminal Justice Act 2003 (release on licence of prisoner serving extended sentence) is amended as follows.
2 In subsection (2)—
a the word “and” at the end of paragraph (a) is omitted, and
b paragraph (b) is omitted.
3 Subsections (3), (4), (5) and (6) are omitted.

F3326 Release of certain long-term prisoners under Criminal Justice Act 1991

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F3327 Application of section 35(1) of Criminal Justice Act 1991 to prisoners liable to removal from the UK

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F3328 Release of fine defaulters and contemnors under Criminal Justice Act 1991

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I18I31529 Release of prisoners after recall

1 In section 254 of the Criminal Justice Act 2003 (c. 44) (recall of prisoners while on licence)—
a subsections (3) to (5) cease to have effect;
b in subsection (7) for “subsections (2) to (6)” substitute “ this section ”.
F252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F253 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I1930 Further review and release of prisoners after recall

1 Section 256 of the Criminal Justice Act 2003 (c. 44) (further release after recall) is amended as follows.
2 In subsection (1) for paragraph (b) substitute—
3 In subsection (2) omit “or (b)”.
4 Subsections (3) and (5) cease to have effect.
5 In consequence of the amendments made by section 29 and this section, the heading to section 256 becomes “ Review by the Board ”.
6 After section 256 insert—

I2031 Recall of life prisoners: abolition of requirement for recommendation by Parole Board

1 Section 32 of the Crime (Sentences) Act 1997 (c. 43) (recall of life prisoners while on licence) is amended as follows.
2 For subsections (1) and (2) (power of Secretary of State to revoke licence) substitute—
3 In subsection (3) (representations by prisoner) for “subsection (1) or (2) above” substitute “ this section ”.
4 In subsection (4) (reference to Parole Board by Secretary of State) for paragraphs (a) and (b) substitute “ the case of a life prisoner recalled under this section ”.

F2632 Release of prisoners recalled following release under Criminal Justice Act 1991

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Early removal of prisoners from the United Kingdom

33 Removal under Criminal Justice Act 1991

F141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34 Removal under Criminal Justice Act 2003

I1421 In Part 12 of the Criminal Justice Act 2003 (c. 44) (sentencing) Chapter 6 (release on licence) is amended as follows.
F282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1423 Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.
4 In subsection (1) (the power of removal)—
I142a for “subsections (2) and (3)” substitute “ subsection (2) ”, and
F30b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1425 For subsection (2) (conditions relating to time) substitute—
I1426 Subsections (3) and (3A) (cases where subsection (1) does not apply) cease to have effect.
F297 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1428 In subsection (6) (order-making powers)—
a in paragraph (a) omit “or (3)(e)”,
b omit paragraph (b), and
c in paragraph (c) for “subsection (2)(b)(ii)” substitute “ subsection (2) ”.
I1429 For subsection (7) (meaning of “requisite custodial period”) substitute—
F2710 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Referral orders

F9635 Referral conditions

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F9636 Power to revoke a referral order

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F9637 Extension of period for which young offender contract has effect

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Enforcement of sentences

F9638 Imposition of unpaid work requirement for breach of community order

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39 Youth default orders

1 Subsection (2) applies in any case where, in respect of a person aged under 18, a magistrates' court would, but for section 227 of the Sentencing Code (restrictions on custodial sentences), have power to issue a warrant of commitment for default in paying a sum adjudged to be paid by a conviction (other than a sum ordered to be paid under section 6 of the Proceeds of Crime Act 2002 (c. 29)).
2 The magistrates' court may, instead of proceeding under section 81 of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offender), order the person in default to comply with—
a in the case of a person aged 16 or 17, an unpaid work requirement (see Part 3 of Schedule 6 to the Sentencing Code),
b an attendance centre requirement (see Part 5 of that Schedule), or
c a curfew requirement (see Part 7 of that Schedule).
3 In this section (and Schedule 7) “youth default order” means an order under subsection (2).
4 A youth default order—
a may, in addition to any other requirement that it imposes, impose an electronic compliance monitoring requirement (see sections 173 and 174 of the Sentencing Code), and
b must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.
5 Where a magistrates' court has power to make a youth default order, it may, if it thinks it expedient to do so, postpone the making of the order until such time and on such conditions (if any) as it thinks just.
6 The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—
a sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 198A, 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions),
b Parts 3, 5 and 7 of Schedule 6 (youth rehabilitation orders: requirements),
ba Part 17 of that Schedule (electronic monitoring requirements), so far as it applies to electronic compliance monitoring requirements,
c Schedule 7 (breach, revocation or amendment of youth rehabilitation order),
d Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and
e paragraph 9 of Schedule 23 (power to amend limits).
7 Where a youth default order has been made for default in paying any sum—
a on payment of the whole sum to any person authorised to receive it, the order ceases to have effect, and
b on payment of a part of the sum to any such person, the total number of hours or days to which the order relates is to be taken to be reduced by a proportion corresponding to that which the part paid bears to the whole sum.
8 In calculating any reduction required by subsection (7)(b), any fraction of a day or hour is to be disregarded.

I2140 Power to impose attendance centre requirement on fine defaulter

1 Section 300 of the Criminal Justice Act 2003 (c. 44) (power to impose unpaid work requirement or curfew requirement on fine defaulter) is amended as follows.
2 In the heading for “or curfew requirement” substitute “ curfew requirement or attendance centre requirement ”.
3 In subsection (2), at the end of paragraph (b) insert
.

I14341 Disclosure of information for enforcing fines

1 Part 3 of Schedule 5 to the Courts Act 2003 (c. 39) (attachment of earnings orders and applications for benefit deductions) is amended as follows.
2 After paragraph 9 insert—

Part 3  Appeals

Appeals by defendant

I2242 Power to dismiss certain appeals following references by the CCRC: England and Wales

After section 16B of the Criminal Appeal Act 1968 (c. 19) insert—

I2343 Power to dismiss certain appeals following references by the CCRC: Northern Ireland

After section 13A of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) insert—

Appeals by prosecution

I2444 Determination of prosecution appeals: England and Wales

In section 61 of the Criminal Justice Act 2003 (c. 44) (determination of prosecution appeal by Court of Appeal) for subsection (5) substitute—

I2545 Determination of prosecution appeals: Northern Ireland

In Article 20 of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) (determination of prosecution appeal by Court of Appeal) for paragraph (5) substitute—

Miscellaneous

46 Review of sentence on reference by Attorney General

I261 Section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) is amended as follows.
2 In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law
I263 In subsection (9) after paragraph (b) insert

I2747 Further amendments relating to appeals in criminal cases

Schedule 8 amends the Criminal Appeal Act 1968 (c. 19), the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) and other Acts relating to appeals in criminal cases.

Part 4  Other criminal justice provisions

Alternatives to prosecution

48 Alternatives to prosecution for offenders under 18

1 Schedule 9 amends the Crime and Disorder Act 1998 (c. 37)—
I227a to make provision for the giving of youth conditional cautions to children and young persons, F42...
F42I326b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 The Secretary of State may by order amend the Crime and Disorder Act 1998 (c. 37), as amended by Schedule 9, so as to vary the provision made by it for the giving of youth conditional cautions to children and young persons under the age of 16 (including doing so by adding or omitting any provision).

I20049 Protection for spent cautions under Rehabilitation of Offenders Act 1974

1 Schedule 10 amends the Rehabilitation of Offenders Act 1974 (c. 53) so as to provide for the protection of spent cautions.
2 The provisions of Schedule 10 (and this section) extend only to England and Wales.

I20150 Criminal conviction certificates and criminal record certificates

1 Part 5 of the Police Act 1997 (c. 50) (certificates of criminal records) is amended as follows.
2 In section 112 (criminal conviction certificates)—
a in the definition of “central records”, after “convictions” insert “ and conditional cautions ”;
b after that definition insert—
3 In section 113A(6) (criminal record certificates)—
a in the definition of “exempted question”, after “a question” insert
;
b in that definition, at the end insert
;
c in the definition of “relevant matter”, after “caution” insert “ , including a caution that is spent for the purposes of Schedule 2 to that Act ”.
4 This section extends to England and Wales only.

Bail

I14451 Bail conditions: electronic monitoring

Schedule 11 makes provision in connection with the electronic monitoring of persons released on bail subject to conditions.

I5552 Bail for summary offences and certain other offences to be tried summarily

Schedule 12—
a imposes a duty on a magistrates' court considering whether to withhold or grant bail in relation to a person under 18 accused of an offence mentioned in Schedule 2 to the Magistrates' Courts Act 1980 (c. 43) (offences for which the value involved is relevant to the mode of trial) to consider the value involved in the offence; and
b amends Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions).

Proceedings in magistrates' courts

53 Allocation of offences triable either way etc.

Schedule 13 amends Schedule 3 to the Criminal Justice Act 2003 (c. 44) (which makes provision in relation to the allocation and other treatment of offences triable either way, and the sending of cases to the Crown Court).

I6254 Trial or sentencing in absence of accused in magistrates' courts

1 Section 11 of the Magistrates' Courts Act 1980 (non-appearance of accused) is amended as follows.
2 In subsection (1), for “the court may proceed in his absence” substitute
3 After subsection (2) insert—
4 In each of subsections (3) and (4), for “A magistrates' court” substitute “ In proceedings to which this subsection applies, the court. ”
5 After subsection (3) insert—
6 After subsection (4) insert—
7 Section 13(5) of that Act (non-appearance of accused: issue of warrant) ceases to have effect.

I6355 Extension of powers of non-legal staff

1 Section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) is amended as follows.
2 In subsection (2) (powers of designated non-legal staff)—
a in paragraph (a)(ii), after “trials” insert “ of offences triable either way or offences which are punishable with imprisonment in the case of persons aged 21 or over ”;
b after paragraph (a)(ii) insert—
;
c for paragraph (b) substitute—
3 For subsection (5) (interpretation) substitute—
4 Omit subsection (6) (powers not applicable to offences triable only on indictment etc.).
5 After subsection (7) insert—
6 In section 15 of that Act (interpretation of Part 1) in subsection (4) (provisions for the purposes of which binding over proceedings are to be taken to be criminal proceedings) for “and 7(1)” substitute “ , 7(1) and 7A ”.

Miscellaneous

I6459 SFO's pre-investigation powers in relation to bribery and corruption: foreign officers etc.

1 The Criminal Justice Act 1987 (c. 38) is amended as follows.
2 After section 2 insert—
3 In section 17 (extent)—
a in subsection (2) (provisions of Act extending to Scotland), for “section 2” substitute “ sections 2 and 2A ”; and
b in subsection (3) (provisions of Act extending to Northern Ireland), after “sections 2” insert “ , 2A ”.

I14560 Contents of an accused's defence statement

1 In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) (contents of defence statement), after “prosecution,” in paragraph (c) insert—
.
2 In section 11(2)(f)(ii) of that Act (faults in disclosure by accused), after “matter” insert “ (or any particular of any matter of fact) ”.

I17061 Compensation for miscarriages of justice

1 The Criminal Justice Act 1988 (c. 33) has effect subject to the following amendments.
2 Section 133 (compensation for miscarriages of justice) is amended as follows.
3 At the end of subsection (2) (compensation only payable if application for compensation is made) insert
4 For subsection (4A) substitute—
5 After subsection (5) (meaning of “reversed” in relation to a conviction) insert—
6 In subsection (6) (meaning of suffering punishment as a result of conviction) after “this section” insert “ and section 133A ”.
7 After section 133 insert—
8 In section 172 (extent) in subsection (3) (provisions extending to Northern Ireland as well as England and Wales) for “section 133” substitute “ sections 133 to 133B ”.
9 This section extends to England and Wales and Northern Ireland.

62 Annual report on Criminal Justice (Terrorism and Conspiracy) Act 1998

1 Section 8 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40) (requirement for annual report on working of the Act) ceases to have effect.
2 The following provisions, namely—
a subsection (1), and
b the repeal of section 8 of that Act in Part 4 of Schedule 28,
extend to England and Wales and Northern Ireland.

Part 5  Criminal law

Pornography etc.

I21263 Possession of extreme pornographic images

1 It is an offence for a person to be in possession of an extreme pornographic image.
2 An “extreme pornographic image” is an image which is both—
a pornographic, and
b an extreme image.
3 An image is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.
4 Where (as found in the person's possession) an image forms part of a series of images, the question whether the image is of such a nature as is mentioned in subsection (3) is to be determined by reference to—
a the image itself, and
b (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images.
5 So, for example, where—
a an image forms an integral part of a narrative constituted by a series of images, and
b having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,
the image may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.
5A In relation to possession of an image in England and Wales, an “extreme image” is an image which—
a falls within subsection (7) or (7A), and
b is grossly offensive, disgusting or otherwise of an obscene character.
6 In relation to possession of an image in Northern Ireland, an “extreme image” is an image which—
a falls within subsection (7) or (7A) , and
b is grossly offensive, disgusting or otherwise of an obscene character.
7 An image falls within this subsection if it portrays, in an explicit and realistic way, any of the following—
a an act which threatens a person's life,
b an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals,
c an act which involves sexual interference with a human corpse, or
d a person performing an act of intercourse or oral sex with an animal (whether dead or alive),
and a reasonable person looking at the image would think that any such person or animal was real.
7A An image falls within this subsection if it portrays, in an explicit and realistic way, either of the following—
a an act which involves the non-consensual penetration of a person's vagina, anus or mouth by another with the other person's penis, or
b an act which involves the non-consensual sexual penetration of a person's vagina or anus by another with a part of the other person's body or anything else,
and a reasonable person looking at the image would think that the persons were real.
7B For the purposes of subsection (7A)—
a penetration is a continuing act from entry to withdrawal;
b “vagina” includes vulva.
8 In this section “image” means—
a a moving or still image (produced by any means); or
b data (stored by any means) which is capable of conversion into an image within paragraph (a).
9 In this section references to a part of the body include references to a part surgically constructed (in particular through gender reassignment surgery).
10 Proceedings for an offence under this section may not be instituted—
a in England and Wales, except by or with the consent of the Director of Public Prosecutions; or
b in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

I21364 Exclusion of classified films etc.

1 Section 63 does not apply to excluded images.
2 An “excluded image” is an image which forms part of a series of images contained in a recording of the whole or part of a classified work.
3 But such an image is not an “excluded image” if—
a it is contained in a recording of an extract from a classified work, and
b it is of such a nature that it must reasonably be assumed to have been extracted (whether with or without other images) solely or principally for the purpose of sexual arousal.
4 Where an extracted image is one of a series of images contained in the recording, the question whether the image is of such a nature as is mentioned in subsection (3)(b) is to be determined by reference to—
a the image itself, and
b (if the series of images is such as to be capable of providing a context for the image) the context in which it occurs in the series of images;
and section 63(5) applies in connection with determining that question as it applies in connection with determining whether an image is pornographic.
5 In determining for the purposes of this section whether a recording is a recording of the whole or part of a classified work, any alteration attributable to—
a a defect caused for technical reasons or by inadvertence on the part of any person, or
b the inclusion in the recording of any extraneous material (such as advertisements),
is to be disregarded.
6 Nothing in this section is to be taken as affecting any duty of a designated authority to have regard to section 63 (along with other enactments creating criminal offences) in determining whether a video work is suitable for a classification certificate to be issued in respect of it.
7 In this section—
  • “classified work” means (subject to subsection (8)) a video work in respect of which a classification certificate has been issued by a designated authority (whether before or after the commencement of this section);
  • “classification certificate” and “video work” have the same meanings as in the Video Recordings Act 1984 (c. 39);
  • “designated authority” means an authority which has been designated by the Secretary of State under section 4 of that Act;
  • “extract” includes an extract consisting of a single image;
  • “image” and “pornographic” have the same meanings as in section 63;
  • “recording” means any disc, tape or other device capable of storing data electronically and from which images may be produced (by any means).
8 Section 22(3) of the Video Recordings Act 1984 (effect of alterations) applies for the purposes of this section as it applies for the purposes of that Act.

I21465 Defences: general

1 Where a person is charged with an offence under section 63, it is a defence for the person to prove any of the matters mentioned in subsection (2).
2 The matters are—
a that the person had a legitimate reason for being in possession of the image concerned;
b that the person had not seen the image concerned and did not know, nor had any cause to suspect, it to be an extreme pornographic image;
c that the person—
i was sent the image concerned without any prior request having been made by or on behalf of the person, and
ii did not keep it for an unreasonable time.
3 In this section “extreme pornographic image” and “image” have the same meanings as in section 63.

I21566 Defence: participation in consensual acts

A1 Subsection (A2) applies where in England and Wales—
a a person (“D”) is charged with an offence under section 63, and
b the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
A2 It is a defence for D to prove—
a that D directly participated in the act or any of the acts portrayed, and
b that the act or acts did not involve the infliction of any non-consensual harm on any person, and
c if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse, and
d if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
1 Subsection (2) applies where in Northern Ireland —
a a person (“D”) is charged with an offence under section 63, and
b the offence relates to an image that portrays an act or acts within subsection (7)(a) to (c) or (7A) of that section (but does not portray an act within subsection (7)(d) of that section).
2 It is a defence for D to prove—
a that D directly participated in the act or any of the acts portrayed, and
b that the act or acts did not involve the infliction of any non-consensual harm on any person, and
c if the image portrays an act within section 63(7)(c), that what is portrayed as a human corpse was not in fact a corpse; and
d if the image portrays an act within section 63(7A), that what is portrayed as non-consensual penetration was in fact consensual.
3 For the purposes of this section harm inflicted on a person is “non-consensual” harm if—
a the harm is of such a nature that the person cannot, in law, consent to it being inflicted on himself or herself; or
b where the person can, in law, consent to it being so inflicted, the person does not in fact consent to it being so inflicted.

I21667 Penalties etc. for possession of extreme pornographic images

1 This section has effect where a person is guilty of an offence under section 63.
2 If the offence relates to an image that portrays any relevant act (with or without other acts) , the offender is liable—
a on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
b on conviction on indictment, to imprisonment for a term not exceeding 3 years or a fine or both.
3 If the offence relates to an image that does not portray any relevant act, the offender is liable—
a on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
b on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.
4 In subsection (2)(a) or (3)(a) “the relevant period” means—
a in relation to England and Wales, the general limit in a magistrates’ court;
b in relation to Northern Ireland, 6 months.
5 In this section “relevant act” means—
a in relation to England and Wales, an act within section 63(7)(a) or (b) or (7A)(a) or (b);
b in relation to Northern Ireland, an act within section 63(7)(a) or (b) or (7A)(a) or (b).

I21768 Special rules relating to providers of information society services

Schedule 14 makes special provision in connection with the operation of section 63 in relation to persons providing information society services within the meaning of that Schedule.

69 Indecent photographs of children: England and Wales

1 The Protection of Children Act 1978 (c. 37) is amended as follows.
2 In section 1B(1)(b) (exception for members of the Security Service)—
a after “Security Service” insert “ or the Secret Intelligence Service ”;
b for “the Service” substitute “ that Service ”.
3 After section 7(4) (meaning of photograph), insert—
4 In section 7(9)(b) (meaning of indecent pseudo-photograph), for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.

70 Indecent photographs of children: Northern Ireland

1 The Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) is amended as follows.
2 In Article 2(2) (interpretation) in paragraph (b) of the definition of “indecent pseudo-photograph”, for “a pseudo-photograph” substitute “ an indecent pseudo-photograph ”.
3 After Article 2(2) insert—
4 In article 3A(1)(b) (exception for members of the Security Service)—
a after “Security Service” insert “ or the Secret Intelligence Service ”;
b for “the Service” substitute “ that Service ”.

I21871 Maximum penalty for publication etc. of obscene articles

In section 2(1)(b) of the Obscene Publications Act 1959 (c. 66) (maximum penalty on indictment for publication etc. of obscene articles) for “three years” substitute “ five years ”.

Sexual offences

I6572 Offences committed outside the United Kingdom

1 For section 72 of the Sexual Offences Act 2003 (c. 42) substitute—
2 Schedule 2 to that Act (list of sexual offences to which section 72 applies) is amended as follows.
3 In paragraph 1 (offences under the law of England and Wales)—
a for paragraphs (a) and (b) substitute—
;
b in paragraph (c), for “16” substitute “ 18 ”; and
c in paragraph (d), omit “in relation to a photograph or pseudo-photograph showing a child under 16”.
4 In paragraph 2 (offences under the law of Northern Ireland)—
a in sub-paragraph (1)(c)(iv), for “17” substitute “ 18 ”; and
b in sub-paragraph (2), for “17” substitute “ 18 ”.

I1I6673 Grooming and adoption

Schedule 15—
a amends section 15 of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc.),
b amends that Act in relation to adoption, and
c amends the Adoption Act 1976 (c. 36) in relation to offences under sections 64 and 65 of the Sexual Offences Act 2003.

Hatred on the grounds of sexual orientation

I2I43474 Hatred on the grounds of sexual orientation

Schedule 16—
a amends Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) to make provision about hatred against a group of persons defined by reference to sexual orientation, and
b makes minor amendments of that Part.

Offences relating to nuclear material and nuclear facilities

I33575 Offences relating to the physical protection of nuclear material and nuclear facilities

1 Part 1 of Schedule 17 amends the Nuclear Material (Offences) Act 1983 (c. 18) to create—
a further offences relating to the physical protection of nuclear material, and
b offences relating to the physical protection of nuclear facilities,
and makes other amendments to that Act.
2 Part 2 of that Schedule makes related amendments to the Customs and Excise Management Act 1979 (c. 2).

Self-defence etc.

I6876 Reasonable force for purposes of self-defence etc.

1 This section applies where in proceedings for an offence—
a an issue arises as to whether a person charged with the offence (“D”) is entitled to rely on a defence within subsection (2), and
b the question arises whether the degree of force used by D against a person (“V”) was reasonable in the circumstances.
2 The defences are—
a the common law defence of self-defence; and
aa the common law defence of defence of property; and
b the defences provided by section 3(1) of the Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law Act (Northern Ireland) 1967 (c. 18 (N.I.)) (use of force in prevention of crime or making arrest).
3 The question whether the degree of force used by D was reasonable in the circumstances is to be decided by reference to the circumstances as D believed them to be, and subsections (4) to (8) also apply in connection with deciding that question.
4 If D claims to have held a particular belief as regards the existence of any circumstances—
a the reasonableness or otherwise of that belief is relevant to the question whether D genuinely held it; but
b if it is determined that D did genuinely hold it, D is entitled to rely on it for the purposes of subsection (3), whether or not—
i it was mistaken, or
ii (if it was mistaken) the mistake was a reasonable one to have made.
5 But subsection (4)(b) does not enable D to rely on any mistaken belief attributable to intoxication that was voluntarily induced.
5A In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.
6 In a case other than a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was disproportionate in those circumstances.
6A In deciding the question mentioned in subsection (3), a possibility that D could have retreated is to be considered (so far as relevant) as a factor to be taken into account, rather than as giving rise to a duty to retreat.
7 In deciding the question mentioned in subsection (3) the following considerations are to be taken into account (so far as relevant in the circumstances of the case)—
a that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action; and
b that evidence of a person's having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
8 Subsections (6A) and (7) are not to be read as preventing other matters from being taken into account where they are relevant to deciding the question mentioned in subsection (3).
8A For the purposes of this section “a householder case” is a case where—
a the defence concerned is the common law defence of self-defence,
b the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),
c D is not a trespasser at the time the force is used, and
d at that time D believed V to be in, or entering, the building or part as a trespasser.
C18B Where—
a a part of a building is a dwelling where D dwells,
b another part of the building is a place of work for D or another person who dwells in the first part, and
c that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.
C18C Where—
a a part of a building is forces accommodation that is living or sleeping accommodation for D,
b another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and
c that other part is internally accessible from the first part,
that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.
C18D Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).
C18E The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).
C18F In subsections (8A) to (8C)—
  • “building” includes a vehicle or vessel, and
  • “forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.
9 This section , except so far as making different provision for householder cases, is intended to clarify the operation of the existing defences mentioned in subsection (2).
10 In this section—
a “legitimate purpose” means—
i the purpose of self-defence under the common law, or
ia the purpose of defence of property under the common law, or
ii the prevention of crime or effecting or assisting in the lawful arrest of persons mentioned in the provisions referred to in subsection (2)(b);
b references to self-defence include acting in defence of another person; and
c references to the degree of force used are to the type and amount of force used.

Unlawfully obtaining etc. personal data

F8277 Power to alter penalty for unlawfully obtaining etc. personal data

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F8378 New defence for purposes of journalism and other special purposes

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Blasphemy

79 Abolition of common law offences of blasphemy and blasphemous libel

1 The offences of blasphemy and blasphemous libel under the common law of England and Wales are abolished.
2 In section 1 of the Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8) (orders for seizure of copies of blasphemous or seditious libel) the words “any blasphemous libel, or” are omitted.
3 In sections 3 and 4 of the Law of Libel Amendment Act 1888 (c. 64) (privileged matters) the words “blasphemous or” are omitted.
4 Subsections (2) and (3) (and the related repeals in Schedule 28) extend to England and Wales only.

Part 6 International co-operation in relation to criminal justice matters

Recognition of financial penalties: requests to other member States

F14980 Requests to other member States: England and Wales

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F14981 Procedure on issue of certificate: England and Wales

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F14982 Requests to other member States: Northern Ireland

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F14983 Procedure on issue of certificate: Northern Ireland

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Recognition of financial penalties: requests from other member States

F14984 Requests from other member States: England and Wales

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F14985 Procedure on receipt of certificate by designated officer

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F14986 Modification of Magistrates' Courts Act 1980 etc

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F14987 Requests from other member States: Northern Ireland

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F14988 Procedure on receipt of certificate by clerk of petty sessions

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F14989 Modification of Magistrates' Courts (Northern Ireland) Order 1981 etc

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F14990 Transfer of certificates to central authority for Scotland

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F14990A Transfer of certificates by Department of Justice to Lord Chancellor and vice versa

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Recognition of financial penalties: miscellaneous

F14991 Recognition of financial penalties: general

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F14992 Interpretation of sections 80 to 91 etc.

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Repatriation of prisoners

I6993 Delivery of prisoner to place abroad for purposes of transfer out of the United Kingdom

In section 2(1) of the Repatriation of Prisoners Act 1984 (c. 47) (transfer out of the UK), for subsection (1) substitute—

I7094 Issue of warrant transferring responsibility for detention and release of an offender to or from the relevant Minister

After section 4 of the Repatriation of Prisoners Act 1984 (transfer into the United Kingdom) insert—

I7195 Powers to arrest and detain persons believed to fall within section 4A(3) of Repatriation of Prisoners Act 1984

After section 4C of the Repatriation of Prisoners Act 1984 (c. 47) (as inserted by section 94) insert—

I7296 Amendments relating to Scotland

1 The amendments of section 1 of the Repatriation of Prisoners Act 1984 (c. 47) made by section 44(2) and (3) of the Police and Justice Act 2006 (c. 48) (which amend the requirement for the prisoner's consent to any transfer to or from the United Kingdom) apply in relation to cases in which the relevant Minister for the purposes of section 1 is the Scottish Ministers as they apply in other cases.
2 In section 2(6) of the Repatriation of Prisoners Act 1984 (transfer out of the United Kingdom) in the definition of “hospital order”, after “1986” insert “ or a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 ”.
3 In section 8(1) (interpretation etc.), before the definition of “international arrangements” insert—
.

Part 7  Violent offender orders

Violent offender orders

I25798 Violent offender orders

1 A violent offender order is an order made in respect of a qualifying offender which—
a contains such prohibitions, restrictions or conditions authorised by section 102 as the court making the order considers necessary for the purpose of protecting the public from the risk of serious violent harm caused by the offender, and
b has effect for such period of not less than 2, nor more than 5, years as is specified in the order (unless renewed or discharged under section 103).
2 For the purposes of this Part any reference to protecting the public from the risk of serious violent harm caused by a person is a reference to protecting—
a the public in the United Kingdom, or
b any particular members of the public in the United Kingdom,
from a current risk of serious physical or psychological harm caused by that person committing one or more specified offences.
3 In this Part “specified offence” means—
a manslaughter;
b an offence under section 4 of the Offences against the Person Act 1861 (c. 100) (soliciting murder);
c an offence under section 18 of that Act (wounding with intent to cause grievous bodily harm);
d an offence under section 20 of that Act (malicious wounding);
da an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);
e attempting to commit murder or conspiracy to commit murder; or
f a relevant service offence.
4 The following are relevant service offences—
a any offence under—
i section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18),
ii section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), or
iii section 42 of the Naval Discipline Act 1957 (c. 53),
of which the corresponding civil offence (within the meaning of the section in question) is an offence within any of paragraphs (a) to (e) of subsection (3) above; and
b any offence under section 42 of the Armed Forces Act 2006 (c. 52) as respects which the corresponding offence under the law of England and Wales (within the meaning of that section) is an offence within any of those paragraphs.
5 Section 48 of the Armed Forces Act 2006 (c. 52) (attempts, conspiracy etc.) applies for the purposes of subsection (4)(b) as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to subsection (4)(b).
6 The Secretary of State may by order—
a amend subsection (3);
b make consequential amendments to subsection (4).

I25899 Qualifying offenders

1 In this Part “qualifying offender” means a person aged 18 or over who is within subsection (2) or (4).
2 A person is within this subsection if (whether before or after the commencement of this Part)—
a the person has been convicted of a specified offence and either—
i a custodial sentence of at least 12 months was imposed for the offence, or
ii a hospital order was made in respect of it (with or without a restriction order),
b the person has been found not guilty of a specified offence by reason of insanity and subsection (3) applies, or
c the person has been found to be under a disability and to have done the act charged in respect of a specified offence and subsection (3) applies.
3 This subsection applies in the case of a person within (2)(b) or (2)(c) if the court made in respect of the offence—
a a hospital order (with or without a restriction order), or
b a supervision order.
4 A person is within this subsection if, under the law in force in a country outside England and Wales (and whether before or after the commencement of this Part)—
a the person has been convicted of a relevant offence and either—
i a sentence of imprisonment or other detention for at least 12 months was imposed for the offence, or
ii an order equivalent to that mentioned in subsection (3)(a) was made in respect of it,
b a court exercising jurisdiction under that law has made in respect of a relevant offence a finding equivalent to a finding that the person was not guilty by reason of insanity, and has made in respect of the offence an order equivalent to one mentioned in subsection (3), or
c such a court has, in respect of a relevant offence, made a finding equivalent to a finding that the person was under a disability and did the act charged in respect of the offence, and has made in respect of the offence an order equivalent to one mentioned in subsection (3).
5 In subsection (4) “relevant offence” means an act which—
a constituted an offence under the law in force in the country concerned, and
b would have constituted a specified offence, or the offence of murder, if it had been done in England and Wales.
6 An act punishable under the law in force in a country outside England and Wales constitutes an offence under that law for the purposes of subsection (5) however it is described in that law.
7 Subject to subsection (8), on an application under section 100 the condition in subsection (5)(b) (where relevant) is to be taken as met in relation to the person to whom the application relates (“P”) unless, not later than rules of court may provide, P serves on the applicant a notice—
a denying that, on the facts as alleged with respect to the act in question, the condition is met,
b giving the reasons for denying that it is met, and
c requiring the applicant to prove that it is met.
8 If the court thinks fit, it may permit P to require the applicant to prove that the condition is met even though no notice has been served under subsection (7).

I259100 Applications for violent offender orders

1 A chief officer of police may by complaint to a magistrates' court apply for a violent offender order to be made in respect of a person—
a who resides in the chief officer's police area, or
b who the chief officer believes is in, or is intending to come to, that area,
if it appears to the chief officer that the conditions in subsection (2) are met.
2 The conditions are—
a that the person is a qualifying offender, and
b that the person has, since the appropriate date, acted in such a way as to give reasonable cause to believe that it is necessary for a violent offender order to be made in respect of the person.
3 An application under this section may be made to any magistrates' court whose commission area includes—
a any part of the applicant's police area, or
b any place where it is alleged that the person acted in such a way as is mentioned in subsection (2)(b).
4 The Secretary of State may by order make provision—
a for applications under this section to be made by such persons or bodies as are specified or described in the order;
b specifying cases or circumstances in which applications may be so made;
c for provisions of this Part to apply, in relation to the making of applications (or cases where applications are made) by any such persons or bodies, with such modifications as are specified in relation to them in the order.
5 In this Part “the appropriate date” means the date (or, as the case may be, the first date) on which the person became a person within any of paragraphs (a) to (c) of section 99(2) or (4), whether that date fell before or after the commencement of this Part.

I260101 Making of violent offender orders

1 This section applies where an application is made to a magistrates' court under section 100 in respect of a person (“P”).
2 After hearing—
a the applicant, and
b P, if P wishes to be heard,
the court may make a violent offender order in respect of P if it is satisfied that the conditions in subsection (3) are met.
3 The conditions are—
a that P is a qualifying offender, and
b that P has, since the appropriate date, acted in such a way as to make it necessary to make a violent offender order for the purpose of protecting the public from the risk of serious violent harm caused by P.
4 When deciding whether it is necessary to make such an order for that purpose, the court must have regard to whether P would, at any time when such an order would be in force, be subject under any other enactment to any measures that would operate to protect the public from the risk of such harm.
5 A violent offender order may not be made so as to come into force at any time when P—
a is subject to a custodial sentence imposed in respect of any offence,
b is on licence for part of the term of such a sentence, or
c is subject to a hospital order or a supervision order made in respect of any offence.
6 But such an order may be applied for, and made, at such a time.

I261102 Provisions that orders may contain

1 A violent offender order may contain prohibitions, restrictions or conditions preventing the offender—
a from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);
b from attending any specified event;
c from having any, or any specified description of, contact with any specified individual.
2 Any of the prohibitions, restrictions or conditions contained in a violent offender order may relate to conduct in Scotland or Northern Ireland (as well as to conduct in England or Wales).
3 The Secretary of State may by order amend subsection (1).
4 In this section “specified” means specified in the violent offender order concerned.

I262103 Variation, renewal or discharge of violent offender orders

1 A person within subsection (2) may by complaint apply to the appropriate magistrates' court—
a for an order varying or discharging a violent offender order;
b for an order (a “renewal order”) renewing a violent offender order for such period of not more than 5 years as is specified in the renewal order.
2 The persons are—
a the offender,
b the chief officer of police who applied for the order,
c (if different) the chief officer of police for the area in which the offender resides, and
d (if different) a chief officer of police who believes that the offender is in, or is intending to come to, his police area.
3 The “appropriate magistrates' court” means the magistrates' court that made the order or (if different)—
a a magistrates' court for the area in which the offender resides, or
b where the application under this section is made by a chief officer of police, any magistrates' court whose commission area includes any part of the chief officer's police area.
4 On an application under this section the appropriate magistrates' court may, after hearing—
a the applicant, and
b any other persons mentioned in subsection (2) who wish to be heard,
make such order varying, renewing or discharging the violent offender order as the court considers appropriate.But this is subject to subsections (5) to (7).
5 A violent offender order may only be—
a renewed, or
b varied so as to impose additional prohibitions, restrictions or conditions on the offender,
if the court considers that it is necessary to do so for the purpose of protecting the public from the risk of serious violent harm caused by the offender (and any renewed or varied order may contain only such prohibitions, restrictions or conditions as the court considers necessary for this purpose).
6 References in subsection (5) to prohibitions, restrictions or conditions are to prohibitions, restrictions or conditions authorised by section 102.
7 The court may not discharge the violent offender order before the end of the period of 2 years beginning with the date on which it comes into force under section 101 unless consent to its discharge is given by the offender and—
a where the application under this section is made by a chief officer of police, by that chief officer, or
b where the application is made by the offender, by the chief officer of police for the area in which the offender resides.

I263104 Interim violent offender orders

1 This section applies where an application under section 100 (“the main application”) has not yet been determined.
2 An application for an order under this section (“an interim violent offender order”) may be made—
a by the complaint by which the main application is made, or
b if the main application has already been made to a court, by means of a further complaint made to that court by the person making the main application.
3 If it appears to the court—
a that the person to whom the main application relates (“P”) is a qualifying offender,
b that, if the court were determining that application, it would be likely to make a violent offender order in respect of P, and
c that it is desirable to act before that application is determined, with a view to securing the immediate protection of the public from the risk of serious violent harm caused by P,
the court may make an interim violent offender order in respect of P that contains such prohibitions, restrictions or conditions as it considers necessary for the purpose of protecting the public from the risk of such harm.
4 The reference in subsection (3) to prohibitions, restrictions or conditions is to prohibitions, restrictions or conditions authorised by section 102 in the case of a violent offender order.
5 But an interim violent offender order may not be made so as to come into force at any time when the person—
a is subject to a custodial sentence for any offence,
b is on licence for part of the term of such a sentence, or
c is subject to a hospital order or a supervision order made in respect of any offence.
6 An interim violent offender order—
a has effect only for such period as is specified in the order, and
b ceases to have effect (if it has not already done so) at the appropriate time.
7 “The appropriate time” means—
a if the court grants the main application, the time when a violent offender order made in pursuance of it comes into force;
b if the court decides not to grant the main application or it is withdrawn, the time when the court so decides or the application is withdrawn.
8 Section 103 applies in relation to the variation or discharge of an interim violent offender order as it applies in relation to the variation or discharge of a violent offender order, but with the omission of subsection (7).

I264105 Notice of applications

1 This section applies to—
a any application under section 100 for a violent offender order,
b any application under section 104 for an interim violent offender order, and
c any application under section 103 for the variation, discharge or renewal of a violent offender order, or for the variation or discharge of an interim violent offender order.
2 A magistrates' court may not begin hearing such an application unless it is satisfied that the relevant person has been given notice of—
a the application, and
b the time and place of the hearing,
a reasonable time before the hearing.
3 In this section “the relevant person” means—
a the person to whom the application mentioned in subsection (1)(a) or (b) relates, or
b the person in respect of whom the order mentioned in subsection (1)(c) has been made,
as the case may be.

I265106 Appeals

1 A person in respect of whom—
a a violent offender order, or
b an interim violent offender order,
has been made may appeal to the Crown Court against the making of the order.
2 Such a person may also appeal to the Crown Court against—
a the making of an order under section 103, or
b any refusal to make such an order.
3 On an appeal under this section, the Crown Court—
a may make such orders as may be necessary to give effect to its determination of the appeal; and
b may also make such incidental or consequential orders as appear to it to be just.
4 For the purposes of section 103(3) an order made by the Crown Court on an appeal made by virtue of subsection (1) or (2) is to be treated as if made by the court from which the appeal was brought.

Notification requirements

I266107 Offenders subject to notification requirements

1 References in this Part to an offender subject to notification requirements are references to an offender who is for the time being subject to—
a a violent offender order, or
b an interim violent offender order,
which is in force under this Part.
2 Subsection (1) has effect subject to section 110(7) (which excludes from section 110 an offender subject to an interim violent offender order).

I267108 Notification requirements: initial notification

1 An offender subject to notification requirements must notify the required information to the police within the period of 3 days beginning with the date on which—
a the violent offender order, or
b the interim violent offender order,
comes into force in relation to the offender (“the relevant date”).
2 The “required information” is the following information about the offender—
a date of birth;
b national insurance number;
c name on the relevant date or, if the offender used two or more names on that date, each of those names;
d home address on the relevant date;
e name on the date on which the notification is given or, if the offender used two or more names on that date, each of those names;
f home address on the date on which the notification is given;
g the address of any other premises in the United Kingdom at which on that date the offender regularly resides or stays;
h any prescribed information.
3 In subsection (2)(h) “prescribed” means prescribed by regulations made by the Secretary of State.
4 When determining the period of 3 days mentioned in subsection (1), there is to be disregarded any time when the offender is—
a remanded in or committed to custody by an order of a court or kept in service custody;
b serving a sentence of imprisonment or a term of service detention;
c detained in a hospital; or
d outside the United Kingdom.
5 In this Part “home address” means in relation to the offender—
a the address of the offender's sole or main residence in the United Kingdom, or
b if the offender has no such residence, the address or location of a place in the United Kingdom where the offender can regularly be found or, if there is more than one such place, such one of them as the offender selects.

I268109 Notification requirements: changes

1 An offender subject to notification requirements must notify to the police—
a the required new information, and
b the information mentioned in section 108(2),
within the period of 3 days beginning with the date on which any notifiable event occurs.
2 A “notifiable event” means—
a the use by the offender of a name which has not been notified to the police under section 108 or this section;
b any change of the offender's home address;
c the expiry of any qualifying period during which the offender has resided or stayed at any premises in the United Kingdom the address of which has not been notified to the police under section 108 or this section,
d any prescribed change of circumstances, or
e the release of the offender from custody pursuant to an order of a court or from imprisonment, service detention or detention in a hospital.
3 The “required new information” is—
a the name referred to in subsection (2)(a),
b the new home address (see subsection (2)(b)),
c the address of the premises referred to in subsection (2)(c),
d the prescribed details, or
e the fact that the offender has been released as mentioned in subsection (2)(e),
as the case may be.
4 A notification under subsection (1) may be given before the notifiable event occurs, but in that case the offender must also specify the date when the event is expected to occur.
5 If a notification is given in accordance with subsection (4) and the event to which it relates occurs more than 2 days before the date specified, the notification does not affect the duty imposed by subsection (1).
6 If a notification is given in accordance with subsection (4) and the event to which it relates has not occurred by the end of the period of 3 days beginning with the date specified—
a the notification does not affect the duty imposed by subsection (1), and
b the offender must, within the period of 6 days beginning with the date specified, notify to the police the fact that the event did not occur within the period of 3 days beginning with the date specified.
7 Section 108(4) applies to the determination of—
a any period of 3 days for the purposes of subsection (1), or
b any period of 6 days for the purposes of subsection (6),
as it applies to the determination of the period of 3 days mentioned in section 108(1).
8 In this section—
a “prescribed change of circumstances” means any change—
i occurring in relation to any matter in respect of which information is required to be notified by virtue of section 108(2)(h), and
ii of a description prescribed by regulations made by the Secretary of State;
b “the prescribed details”, in relation to a prescribed change of circumstances, means such details of the change as may be so prescribed.
9 In this section “qualifying period” means—
a a period of 7 days, or
b two or more periods, in any period of 12 months, which taken together amount to 7 days.

I269110 Notification requirements: periodic notification

1 An offender subject to notification requirements must, within the applicable period after each notification date, notify to the police the information mentioned in section 108(2), unless the offender has already given a notification under section 109(1) within that period.
2 A “notification date” means, in relation to the offender, the date of any notification given by the offender under section 108(1) or 109(1) or subsection (1) above.
3 Where the applicable period would (apart from this subsection) end while subsection (4) applies, that period is to be treated as continuing until the end of the period of 3 days beginning with the date on which subsection (4) first ceases to apply.
4 This subsection applies if the offender is—
a remanded in or committed to custody by an order of a court or kept in service custody,
b serving a sentence of imprisonment or a term of service detention,
c detained in a hospital, or
d outside the United Kingdom.
5 In this section “the applicable period” means—
a in any case where subsection (6) applies, such period as may be prescribed by regulations made by the Secretary of State, and
b in any other case, the period of one year.
6 This subsection applies if the last home address notified by the offender under section 108(1) or 109(1) or subsection (1) above was the address or location of such a place as is mentioned in section 108(5)(b).
7 Nothing in this section applies to an offender who is subject to an interim violent offender order.

I270111 Notification requirements: travel outside United Kingdom

1 The Secretary of State may by regulations make provision with respect to offenders subject to notification requirements, or any description of such offenders—
a requiring such persons, before they leave the United Kingdom, to give in accordance with the regulations a notification under subsection (2);
b requiring such persons, if they subsequently return to the United Kingdom, to give in accordance with the regulations a notification under subsection (3).
2 A notification under this subsection must disclose—
a the date on which the offender proposes to leave the United Kingdom;
b the country (or, if there is more than one, the first country) to which the offender proposes to travel and the proposed point of arrival (determined in accordance with the regulations) in that country;
c any other information prescribed by the regulations which the offender holds about the offender's departure from or return to the United Kingdom, or about the offender's movements while outside the United Kingdom.
3 A notification under this subsection must disclose any information prescribed by the regulations about the offender's return to the United Kingdom.

I271112 Method of notification and related matters

1 An offender gives a notification to the police under section 108(1), 109(1) or 110(1) by—
a attending at any police station in the offender's local police area, and
b giving an oral notification to any police officer, or to any person authorised for the purpose by the officer in charge of the station.
2 An offender giving a notification under section 109(1)—
a in relation to a prospective change of home address, or
b in relation to such premises as are mentioned in section 109(2)(c),
may also give the notification at a police station that would fall within subsection (1)(a) above if the change of home address had already occurred or (as the case may be) the premises in question were the offender's home address.
3 Any notification given in accordance with this section must be acknowledged; and the acknowledgement must be—
a in writing, and
b in such form as the Secretary of State may direct.
4 Where a notification is given under section 108(1), 109(1) or 110(1), the offender must, if requested to do so by the police officer or other person mentioned in subsection (1)(b) above, allow that officer or person to—
a take the offender's fingerprints,
b photograph any part of the offender, or
c do both of those things,
in order to verify the offender's identity.
5 In this section—
  • “local police area”, in relation to the offender, means—
    1. the police area in England and Wales in which the home address is situated,
    2. in the absence of a home address in England and Wales, the police area in England and Wales in which the home address last notified is situated, or
    3. in the absence of such a home address and any such notification, the police area in which the court that made the violent offender order (or, as the case may be, the interim violent offender order) is situated;
  • “photograph” includes any process by means of which an image may be produced.

Supplementary

I272113 Offences

1 If a person fails, without reasonable excuse, to comply with any prohibition, restriction or condition contained in—
a a violent offender order, or
b an interim violent offender order,
the person commits an offence.
2 If a person fails, without reasonable excuse, to comply with—
a section 108(1), 109(1) or (6)(b), 110(1) or 112(4), or
b any requirement imposed by regulations made under section 111(1),
the person commits an offence.
3 If a person notifies to the police, in purported compliance with—
a section 108(1), 109(1) or 110(1), or
b any requirement imposed by regulations made under section 111(1),
any information which the person knows to be false, the person commits an offence.
4 As regards an offence under subsection (2), so far as it relates to non-compliance with—
a section 108(1), 109(1) or 110(1), or
b any requirement imposed by regulations made under section 111(1),
a person commits such an offence on the first day on which the person first fails, without reasonable excuse, to comply with the provision mentioned in paragraph (a) or (as the case may be) the requirement mentioned in paragraph (b), and continues to commit it throughout any period during which the failure continues.
5 But a person must not be prosecuted under subsection (2) more than once in respect of the same failure.
6 A person guilty of an offence under this section is liable—
a on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum or both;
b on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.
7 In subsection (6)(a) “the relevant period” means—
a in relation to F174... Scotland, 12 months;
b in relation to Northern Ireland, 6 months;
c in relation to England and Wales, the general limit in a magistrates’ court.
8 Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

I273114 Supply of information to Secretary of State etc.

1 This section applies to information notified to the police under section 108(1), 109(1) or 110(1).
2 A chief officer of police may, for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, supply information to which this section applies to—
a the Secretary of State, or
b a person providing services to the Secretary of State in connection with a relevant function,
for use for the purpose of verifying the information.
3 In relation to information supplied to any person under subsection (2), the reference to verifying the information is a reference to—
a checking its accuracy by comparing it with information held—
i where the person is the Secretary of State, by that person in connection with the exercise of a relevant function, or
ii where the person is within subsection (2)(b), by that person in connection with the provision of services as mentioned there, and
b compiling a report of that comparison.
4 Subject to subsection (5), the supply of information under this section is to be taken not to breach any restriction on the disclosure of information (however arising).
5 This section does not authorise the doing of anything that contravenes the data protection legislation.
6 This section does not affect any power to supply information that exists apart from this section.
6A In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
7 In this section “relevant function” means—
a a function relating to social security, child support, employment or training,
b a function relating to passports, or
c a function under Part 3 of the Road Traffic Act 1988 (c. 52).

I274115 Supply of information by Secretary of State etc.

1 A report compiled under section 114 may be supplied to a chief officer of police by—
a the Secretary of State, or
b a person within section 114(2)(b).
2 Such a report may contain any information held—
a by the Secretary of State in connection with the exercise of a relevant function, or
b by a person within section 114(2)(b) in connection with the provision of services as mentioned there.
3 Where such a report contains information within subsection (2), the chief officer to whom it is supplied—
a may retain the information, whether or not used for the purposes of the prevention, detection, investigation or prosecution of offences under this Part, and
b may use the information for any purpose related to the prevention, detection, investigation or prosecution of offences (whether or not under this Part), but for no other purpose.
4 Subsections (4) to (7) of section 114 apply in relation to this section as they apply in relation to section 114.

I275116 Information about release or transfer

1 This section applies to an offender subject to notification requirements who is—
a serving a sentence of imprisonment or a term of service detention, or
b detained in a hospital.
2 The Secretary of State may by regulations make provision requiring the person who is responsible for such an offender to give notice to specified persons—
a of the fact that that person has become responsible for the offender; and
b of any occasion when—
i the offender is released, or
ii a different person is to become responsible for the offender.
3 In subsection (2) “specified persons” means persons specified, or of a description specified, in the regulations.
4 The regulations may make provision for determining who is to be taken for the purposes of this section as being responsible for an offender.

I276117 Interpretation of Part 7

1 In this Part—
  • “the appropriate date” has the meaning given by section 100(5);
  • “country” includes territory;
  • “custodial sentence” means—
    1. a sentence of imprisonment, any other sentence or order mentioned in section 222(1) of the Sentencing Code (as in force at any time after the passing of this Act) or any corresponding sentence or order imposed or made under any enactment passed before that section came into force, or
    2. a relevant service sentence (see subsection (2) below);
  • “home address” has the meaning given by section 108(5);
  • “hospital order” means—
    1. an order under section 37 of the Mental Health Act 1983 (c. 20) or section 60 of the Mental Health Act 1959 (c. 72), or
    2. any other order providing for the admission of a person to hospital following a finding of the kind mentioned in section 99(2)(b) or (c) of this Act;
  • “interim violent offender order” means an order made under section 104;
  • “kept in service custody” means kept in service custody by virtue of an order under section 105(2) of the Armed Forces Act 2006 (c. 52);
  • “the offender”, in relation to a violent offender order or an interim violent offender order, means the person in respect of whom the order is made;
  • “qualifying offender” has the meaning given by section 99(1);
  • “restriction order” means an order under section 41 of the Mental Health Act 1983 or section 65 of the Mental Health Act 1959;
  • “service detention” has the meaning given by section 374 of the Armed Forces Act 2006;
  • “specified offence” has the meaning given by section 98(3);
  • “supervision order” means—
    1. a supervision order within the meaning of Schedule 1A to the Criminal Procedure (Insanity) Act 1964 (c. 84), or
    2. a supervision and treatment order within the meaning of Schedule 2 to that Act;
  • “violent offender order” has the meaning given by section 98(1).
2 The following are relevant service sentences—
a a sentence of imprisonment passed under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
b a sentence of custody for life, or detention, under section 71A of either of those Acts of 1955 or section 43A of that Act of 1957;
c a sentence under a custodial order within the meaning of—
i section 71AA of, or paragraph 10 of Schedule 5A to, either of those Acts of 1955, or
ii section 43AA of, or paragraph 10 of Schedule 4A to, that Act of 1957;
d a custodial sentence within the meaning of the Armed Forces Act 2006 (c. 52) (see section 374 of that Act).
3 References in this Part to protecting the public from the risk of serious violent harm caused by a person are to be read in accordance with section 98(2).
4 References in this Part to a finding of the kind mentioned in section 99(2)(b) or (c) or (4)(b) or (c) include references to a case where a decision on appeal is to the effect that there should have been such a finding in the proceedings concerned.
5 References in this Part to an offender subject to notification requirements are to be read in accordance with section 107.
6 The following expressions have the same meanings as in Part 2 of the Sexual Offences Act 2003 (c. 42) (notifications and orders)—
  • “detained in a hospital” (see sections 133 and 135 of that Act);
  • “sentence of imprisonment” (see section 131 of that Act);
and references to a person having been found to be under a disability and to have done the act charged are to be read in accordance with section 135 of that Act.

Part 8  Anti-social behaviour

Premises closure orders

F61118 Closure orders: premises associated with persistent disorder or nuisance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nuisance or disturbance on hospital premises

119 Offence of causing nuisance or disturbance on NHS premises

I336I4661 A person commits an offence if—
a the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
b the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
c the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
I336I4662 A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I336I4663 For the purposes of this section—
a a person ceases to be on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and
b a person is not on NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.
I209I4644 In this section—
  • “English NHS premises” means—
    1. any hospital vested in, or managed by, a relevant English NHS body,
    2. any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and
    3. the hospital grounds,
  • “hospital grounds” means land in the vicinity of a hospital and associated with it,
  • “NHS premises” means English NHS premises or Welsh NHS premises,
  • “NHS staff member” means a person employed by a relevant English NHS body, or a relevant Welsh NHS body, or otherwise working for such a body (whether as or on behalf of a contractor, as a volunteer or otherwise),
  • “relevant English NHS body” means—
    1. a National Health Service trust (see section 25 of the National Health Service Act 2006 (c. 41)), all or most of whose hospitals, establishments and facilities are situated in England,
    2. F41...
    3. an NHS foundation trust (see section 30 of that Act),
  • “relevant Welsh NHS body” means—
    1. a National Health Service trust (see section 18 of the National Health Service (Wales) Act 2006 (c. 42)), all or most of whose hospitals, establishments and facilities are situated in Wales, or
    2. a Local Health Board (see section 11 of that Act),
  • “vehicle” includes an air ambulance,
  • “Welsh NHS premises” means—
    1. any hospital vested in, or managed by, a relevant Welsh NHS body,
    2. any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant Welsh NHS body), and
    3. the hospital grounds.

120 Power to remove person causing nuisance or disturbance

I337I4671 If a constable reasonably suspects that a person is committing or has committed an offence under section 119, the constable may remove the person from the NHS premises concerned.
I337I4672 If an authorised officer reasonably suspects that a person is committing or has committed an offence under section 119, the authorised officer may—
a remove the person from the NHS premises concerned, or
b authorise an appropriate NHS staff member to do so.
I337I4673 Any person removing another person from NHS premises under this section may use reasonable force (if necessary).
I337I4674 An authorised officer cannot remove a person under this section or authorise another person to do so if the authorised officer has reason to believe that—
a the person to be removed requires medical advice, treatment or care for himself or herself, or
b the removal of the person would endanger the person's physical or mental health.
I210I4655 In this section—
  • “appropriate NHS staff member”—
    1. in relation to English NHS premises, means an English NHS staff member, and
    2. in relation to Welsh NHS premises, means a Welsh NHS staff member,
  • “authorised officer”—
    1. in relation to English NHS premises, means any English NHS staff member authorised by a relevant English NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of English NHS premises, and
    2. in relation to Welsh NHS premises, means any Welsh NHS staff member authorised by a relevant Welsh NHS body to exercise the powers which are conferred by this section on an authorised officer in respect of Welsh NHS premises,
  • “English NHS staff member” means a person employed by a relevant English NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),
  • “Welsh NHS staff member” means a person employed by a relevant Welsh NHS body or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise).
I210I4656 Terms defined in section 119 have the same meaning in this section as in that section.

121 Guidance about the power to remove etc.

I211I4631 The appropriate national authority may from time to time prepare and publish guidance to relevant NHS bodies and authorised officers about the powers in section 120.
I211I4632 Such guidance may, in particular, relate to—
a the authorisation by relevant NHS bodies of authorised officers,
b the authorisation by authorised officers of appropriate NHS staff members to remove persons under section 120,
c training requirements for authorised officers and persons authorised by them to remove persons under section 120,
d matters that may be relevant to a consideration by authorised officers for the purposes of section 120 of whether offences are being, or have been, committed under section 119,
e matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,
f the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in section 120,
g the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,
h arrangements for ensuring that persons on NHS premises are aware of the offence in section 119 and the powers of removal in section 120, or
i the keeping of records.
I211I4633 Before publishing guidance under this section, the appropriate national authority must consult such persons as the authority considers appropriate.
I338I4684 A relevant NHS body and an authorised officer must, when exercising functions under, or in connection with, section 120, have regard to any guidance published by the appropriate national authority under this section.
I211I4635 In this section—
  • “appropriate national authority”—
    1. in relation to a relevant English NHS body and authorised officers in respect of English NHS premises, means the Secretary of State, and
    2. in relation to a relevant Welsh NHS body and authorised officers in respect of Welsh NHS premises, means the Welsh Ministers,
  • “appropriate NHS staff member” and “authorised officer” have the same meaning as in section 120,
  • “relevant NHS body” means a relevant English NHS body or a relevant Welsh NHS body.
I211I4636 Terms defined in section 119 have the same meaning in this section as in that section.

I247122 Nuisance or disturbance on HSS premises

Schedule 21 makes provision for Northern Ireland corresponding to the provision made for England and Wales by sections 119 to 121.

Anti-social behaviour orders etc. in respect of children and young persons

F64I228123 Review of anti-social behaviour orders etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F65I229124 Individual support orders

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parenting contracts and parenting orders

I236125 Parenting contracts and parenting orders: local authorities

1 Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities) is amended as follows.
2 In section 29(1) (interpretation) in the definition of “local authority” for paragraphs (b) and (c) substitute—
.
3 In section 26B (parenting orders: registered social landlords)—
a in subsection (8), after “the local authority” insert “ (or, if subsection (8A) applies, each local authority) ”;
b after that subsection insert—
;
c in subsection (10)(a), after “the local authority” insert “ (or authorities) ”.
4 In section 27 (parenting orders: supplemental) for subsection (3A) substitute—

Part 9  Policing

Misconduct procedures etc.

126 Police misconduct and performance procedures

I74I146I1711 Part 1 of Schedule 22—
a amends the Police Act 1996 (c. 16) to make provision for or in connection with disciplinary and other proceedings in respect of the conduct and performance of members of police forces and special constables, and
b makes other minor amendments to that Act.
I3392 Part 2 of that Schedule makes equivalent amendments to the Ministry of Defence Police Act 1987 (c. 4) for the purposes of the Ministry of Defence Police.
I1713 Part 3 of that Schedule makes equivalent amendments to the Railways and Transport Safety Act 2003 (c. 20) for the purposes of the British Transport Police.

I147I172127 Investigation of complaints of police misconduct etc.

Schedule 23 amends the Police Reform Act 2002 (c. 30) to make further provision about the investigation of complaints of police misconduct and other matters.

Financial assistance

128 Financial assistance under section 57 of Police Act 1996

1 After section 57(1) of the Police Act 1996 (common services: power for Secretary of State to provide and maintain etc. organisations, facilities and services which promote the efficiency or effectiveness of police) insert—
2 Any loan made by the Secretary of State by virtue of section 57 of the Police Act 1996 (c. 16) and outstanding on the day on which this Act is passed is to be treated as if it were a loan made in accordance with that section as amended by subsection (1) above.

Inspection

I148129 Inspection of police authorities

In section 54 of the Police Act 1996 (c. 16) (appointment and functions of inspectors of constabulary) for subsection (2A) substitute—

C7Part 10 Special immigration status

130 Designation

1 The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
2 Condition 1 is that the person—
a is a foreign criminal within the meaning of section 131, and
b is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
3 Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
4 A person who has the right of abode in the United Kingdom may not be designated.
5 The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
a the United Kingdom's obligations under the Refugee Convention, F154...
F154b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

131 “Foreign criminal”

1 For the purposes of section 130 “foreign criminal” means a person who—
a is not a British citizen, and
b satisfies any of the following Conditions.
2 Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
3 Condition 2 is that—
a section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
b the person has been sentenced to a period of imprisonment.
4 Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
5 Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
6 Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.

132 Effect of designation

1 A designated person does not have leave to enter or remain in the United Kingdom.
2 For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—
a is a person subject to immigration control,
b is not to be treated as an asylum-seeker or a former asylum-seeker, and
c is not in the United Kingdom in breach of the immigration laws.
3 Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.
4 A designated person—
a shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and
b may not be granted immigration bail under Schedule 10 to the Immigration Act 2016.
5 Sections 134 and 135 make provision about support for designated persons and their dependants.

133 Conditions

1 The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.
2 A condition may relate to—
a residence,
b employment or occupation, or
c reporting to the police, the Secretary of State or an immigration officer.
3 If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.
3A Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.
4 Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.
5 A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.
6 A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—
a a fine not exceeding level 5 on the standard scale,
b imprisonment for a period not exceeding 51 weeks, or
c both.
7 A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) section 24 of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.
8 In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

134 Support

1 Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.
2 But the following provisions of that Part shall not apply—
a section 96 (kinds of support),
b section 97(1)(b) (desirability of providing accommodation in well-supplied area),
c section 100 (duty to co-operate in providing accommodation),
d section 101 (reception zones),
e section 108 (failure of sponsor to maintain),
f section 111 (grants to voluntary organisations), and
g section 113 (recovery of expenditure from sponsor).
3 Support may be provided under section 95 of the 1999 Act as applied by this section—
a by providing accommodation appearing to the Secretary of State to be adequate for a person's needs;
b by providing what appear to the Secretary of State to be essential living needs;
c in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.
4 Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.
5 Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.
F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

135 Support: supplemental

1 A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—
a a reference to section 96 shall be treated as including a reference to section 134(3) above,
b a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and
c a reference to asylum-seekers shall be treated as including a reference to designated persons.
2 A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.
F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 Any F4... instrument under Part VI of the 1999 Act—
a may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and
b may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.
5 In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.
6 The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).
F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136 End of designation

1 Designation lapses if the designated person—
a is granted leave to enter or remain in the United Kingdom,
F152b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c leaves the United Kingdom, or
d is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).
2 After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.
3 Exception 1 is that, if designation lapses under subsection (1)(a) F153..., support may be provided in respect of a period which—
a begins when the designation lapses, and
b ends on a date determined in accordance with an order of the Secretary of State.
4 Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—
a any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),
b any period during which an appeal against the deportation order is pending, and
c after an appeal ceases to be pending, such period as the Secretary of State may specify by order.

137 Interpretation: general

1 This section applies to sections 130 to 136.
2 A reference to a designated person is a reference to a person designated under section 130.
3 “Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).
4 “Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.
5 “The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
6 “Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
7 A voucher is not cash.
8 A reference to a pending appeal has the meaning given by section 104(1) of that Act.
9 A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.

Part 11  Miscellaneous

Industrial action by prison officers

I3138 Amendment of section 127 of Criminal Justice and Public Order Act 1994

1 Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.
2 In subsection (1), for paragraph (a) substitute—
.
3 After subsection (1) insert—
4 In subsection (4), after paragraph (a) insert—
.
5 In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—
.

139 Power to suspend the operation of section 127 of Criminal Justice and Public Order Act 1994

After section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

Sex offenders

I75140 Disclosure of information about convictions etc. of child sex offenders to members of the public

1 After section 327 of the Criminal Justice Act 2003 (c. 44) insert—
2 After Schedule 34 to that Act insert the Schedule 34A set out in Schedule 24 to this Act.

I77141 Sexual offences prevention orders: relevant sexual offences

1 In section 106 of the Sexual Offences Act 2003 (c. 42) (supplemental provisions about sexual offences prevention orders), at the end insert—
F112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I78142 Notification requirements: prescribed information

1 In section 83 of the Sexual Offences Act 2003 (c. 42) (notification requirements: initial notification)—
a at the end of subsection (5) insert—
; and
b after that subsection insert—
2 Section 84 of that Act (notification requirements: changes) is amended as follows.
3 In subsection (1)—
a after “1997,” in paragraph (c) insert—
; and
b after “the address of those premises” insert “ , the prescribed details ”.
4 In subsection (2) after “home address” insert “ or the prescribed change of circumstances ”.
5 After subsection (5) insert—
6 Section 85 of that Act (notification requirements: periodic notification) is amended as follows.
7 In subsection (1), for “the period of one year” substitute “ the applicable period ”.
8 In subsection (3), for “the period referred to in subsection (1)” substitute “ the applicable period ”.
9 After subsection (4) insert—
10 In section 138(2) of that Act (orders and regulations subject to the affirmative resolution procedure), for “86 or 130” substitute “ any of sections 83 to 86 or section 130 ”.
11 This section extends to England and Wales and Northern Ireland only.

Persistent sales of tobacco to persons under 18

I237143 Persistent sales of tobacco to persons under 18

1 The Children and Young Persons Act 1933 (c. 12) is amended as follows.
2 After section 12 insert—
3 In section 102(1) (appeals to the Crown Court), after paragraph (e) insert—

Penalties for serious contraventions of data protection principles

144 Power to require data controllers to pay monetary penalty

I280I4521 After section 55 of the Data Protection Act 1998 (c. 29) insert—
I2812 In section 67 of that Act (orders, regulations, rules)—
a in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and
b in subsection (5) after paragraph (c) insert—
.

Armed forces legislation

I283I316145 Amendments to armed forces legislation

Schedule 25 contains—
a amendments to armed forces legislation (which make provision for service courts etc. corresponding to other provisions of this Act); and
b transitional provision relating to certain of those amendments.

Automatic deportation of criminals

I238146 Convention against human trafficking

After section 33(6) of the UK Borders Act 2007 (automatic deportation: exceptions) insert—

C8Part 12 General

C4147 Orders, rules and regulations

1 Orders, rules or regulations made by the Secretary of State or the Lord Chancellor under this Act are to be made by statutory instrument.
1A Orders made by the Department of Justice in Northern Ireland under this Act are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
2 Any orders or regulations falling within subsection (1) or (1A) —
a may make provision generally or only for specified cases or circumstances;
b may make different provision for different cases, circumstances or areas;
c may make incidental, supplementary, consequential, transitional, transitory or saving provision.
3 Subject to subsection (4), a statutory instrument containing any order or regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.
4 Subsection (3) does not apply to—
a a statutory instrument containing an order under section 153,
F118b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c a statutory instrument containing an Order in Council under paragraph 9 of Schedule 17, or
d a statutory instrument to which subsection (5) applies.
5 A statutory instrument containing (whether alone or with other provision)—
F119a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b an order under section 48(2),
c an order under section 77,
F155d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
da an order under section 98(6),
e an order under section 102,
f regulations under any of sections 108 to 111,
g an order under section 135(6),
h an order under section 148(3) which amends or repeals any provision of an Act,
F120i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F120j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
k rules under paragraph 2(4)(a) of Schedule 6, or
l an order under paragraph 6 of Schedule 7,
may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
5A Subject to subsection (5B), orders made by the Department of Justice in Northern Ireland under this Act are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).
5B Subsection (5A) does not apply to an order made by the Department of Justice containing (whether alone or with other provision) provision under section 83(4) or 91(3) which amends or repeals any provision of an Act; and no such order may be made by the Department unless a draft of it has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
5C Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (5B) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.
6 An order under section 153(5)(b) is to be made by statutory instrument.
7 An order under section 153(6) is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

I4148 Consequential etc. amendments and transitional and saving provision

I9I79I149I219I244I251I317I327I328I340I435I450I4571 Schedule 26 contains minor and consequential amendments.
I9I79I173I202I219I230I239I277I282I327I3402 Schedule 27 contains transitory, transitional and saving provisions.
3 The Secretary of State may by order make—
a such supplementary, incidental or consequential provision, or
b such transitory, transitional or saving provision,
as the Secretary of State considers appropriate for the general purposes, or any particular purposes, of this Act, or in consequence of, or for giving full effect to, any provision made by this Act.
4 An order under subsection (3) may, in particular—
a provide for any amendment or other provision made by this Act which comes into force before any other provision (whether made by this or any other Act or by any subordinate legislation) has come into force to have effect, until that other provision has come into force, with specified modifications, and
b amend, repeal or revoke any provision of—
i any Act (including this Act and any Act passed in the same Session as this Act);
ii subordinate legislation made before the passing of this Act;
iii Northern Ireland legislation passed, or made, before the passing of this Act; and
iv any instrument made, before the passing of this Act, under Northern Ireland legislation.
5 Nothing in this section limits the power under section 153(8) to include provision for transitory, transitional or saving purposes in an order under that section.
6 The amendments that may be made by virtue of subsection (4)(b) are in addition to those made by or which may be made under any other provision of this Act.
7 In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).
8 Her Majesty may by Order in Council extend any provision made by virtue of subsection (4)(b), with such modifications as may appear to Her Majesty to be appropriate, to the Isle of Man or any British overseas territory.
9 The power under subsection (8) includes power to make supplementary, incidental, consequential, transitory, transitional or saving provision.
10 Subsection (8) does not apply in relation to amendments of the Armed Forces Act 2006 (c. 52).

I5I80I150I174I240I245I318I341I436149 Repeals and revocations

Schedule 28 contains repeals and revocations, including repeals of spent enactments.

150 Financial provisions

There is to be paid out of money provided by Parliament—
a any expenditure incurred by virtue of this Act by a Minister of the Crown; and
b any increase attributable to this Act in the sums payable under any other Act out of money so provided.

I319151 Effect of amendments to criminal justice provisions applied for purposes of service law

1 In this section “relevant criminal justice provisions” means provisions of, or made under, an Act which—
a relate to criminal justice; and
b have been applied (with or without modifications) for any purposes of service law by any provision of, or made under, any Act.
2 Unless the contrary intention appears, any amendment by this Act of relevant criminal justice provisions also amends those provisions as so applied.
3 Subsection (2) does not apply to any amendments made by Part 1.
4 In this section “service law” means—
a the system of service law established by the Armed Forces Act 2006 (c. 52); or
b any of the systems of service law superseded by that Act (namely, military law, air force law and the Naval Discipline Act 1957 (c. 53)).

152 Extent

1 Subject as follows and to any other provision of this Act, this Act extends to England and Wales only.
2 The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
a section 77;
b section 96;
c section 113 (together with such of the other provisions of Part 7 as relate to the commission of offences under that section);
d Part 10;
e this Part (subject to subsection (5)).
3 The following provisions of this Act extend to England and Wales and Northern Ireland—
a section 3 and Schedule 3;
b section 39(3) and (6)(d) and paragraph 7 of Schedule 7;
c sections 63 to 68 and Schedule 14;
d section 76;
e section 85(6) to (7B) (so far as relating to any provision of Part 3 of the Magistrates' Courts Act 1980 which extends to Northern Ireland);
f sections 86 and 90 to 92 and Schedules 18 and 19.
4 The following provisions of this Act extend to Northern Ireland only—
a sections 82 and 83;
b sections 87, 88 and 89(1) to (5);
c section 122 and Schedule 21.
5 Except as otherwise provided by this Act, an amendment, repeal or revocation of any enactment by any provision of this Act extends to the part or parts of the United Kingdom to which the enactment extends.
6 The following amendments and repeals also extend to the Channel Islands and the Isle of Man—
a the amendments of sections 26 and 70(1) of the Children and Young Persons Act 1969 (c. 54) (transfers between England or Wales and the Channel Islands or Isle of Man) made by Schedule 4, and
b the repeals in Part 1 of Schedule 28 relating to those amendments.
7 In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application to Channel Islands, Isle of Man, etc.) the reference to that Act includes a reference to that Act as amended by Schedule 17.
8 In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend provisions of that Act to the Channel Islands etc.) the reference to that Act includes a reference to that Act as amended by any provision of this Act.
9 In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, Isle of Man, etc.) any reference to that Act includes a reference to—
a that Act as amended by or under any provision of this Act,
b section 151, and
c paragraph 34 of Schedule 25.
10 Nothing in this section restricts the operation of section 76 and paragraph 27 of Schedule 27 in their application in relation to service offences (within the meaning of that paragraph).

153 Commencement

1 The following provisions of this Act come into force on the day on which this Act is passed—
a section 53, Schedule 13, paragraph 77 of Schedule 26 and the repeals in Part 4 of Schedule 28 relating to—
i paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act 2003 (c. 44), and
ii Part 4 of Schedule 37 to that Act;
b section 77;
c section 128;
d sections 138(1) to (4) and 139;
e section 147;
f section 148(3) to (7);
g sections 150 and 152;
h this section;
i section 154;
j paragraphs 6(3) and 12 to 16 of Schedule 16 and the repeals in Part 5 of Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);
k paragraphs 35 to 39 of Schedule 26.
2 The following provisions of this Act come into force at the end of the period of 2 months beginning with the day on which it is passed—
a section 62 and the related repeal in Part 4 of Schedule 28;
b section 69 and paragraph 24 of Schedule 26;
c section 70 and paragraph 25 of Schedule 26;
d section 79 and the related repeals in Part 5 of Schedule 28;
e paragraphs 2 to 7 of Schedule 15;
f paragraph 24 of Schedule 27.
3 Where any particular provision or provisions of a Schedule come into force in accordance with subsection (1) or (2), the section introducing the Schedule also comes into force in accordance with that subsection so far as relating to the particular provision or provisions.
4 The following provisions come into force on such day as the Lord Chancellor may by order appoint—
a section 19;
b section 41;
c sections 56 to 58;
d sections 80 to 92 and Schedules 18 and 19;
e paragraph 29 of Schedule 27.
5 Sections 119 to 121 come into force—
a in relation to English NHS premises, on such day as the Secretary of State may by order appoint, and
b in relation to Welsh NHS premises, on such day as the Welsh Ministers may by order appoint.
6 Section 122 and Schedule 21 come into force on such day as the Department of Health, Social Services and Public Safety may by order appoint.
7 The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
8 An order under any of subsections (4) to (7) may—
a appoint different days for different purposes and in relation to different areas;
b make such provision as the person making the order considers necessary or expedient for transitory, transitional or saving purposes in connection with the coming into force of any provision falling within that subsection.

154 Short title

This Act may be cited as the Criminal Justice and Immigration Act 2008.

SCHEDULES

F104SCHEDULE 1 

Further provisions about youth rehabilitation orders

Section 1

F104Part 1 Provisions to be included in youth rehabilitation orders

F104Imposition of requirements

F1041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Electronic monitoring requirement

F1042. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Youth rehabilitation order with intensive supervision and surveillance

F1043. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Youth rehabilitation order with fostering

F1044. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Intensive supervision and surveillance and fostering: further provisions

F1045. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Part 2 Requirements

F104Activity requirement

F1046. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Activity requirement: instructions of responsible officer under paragraph 6(1)(d)

F1047. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Activity requirement: further provisions

F1048. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Supervision requirement

F1049. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Unpaid work requirement

F10410. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Programme requirement

F10411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Attendance centre requirement

F10412. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Prohibited activity requirement

F10413. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Curfew requirement

F10414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Exclusion requirement

F10415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Residence requirement

F10416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Local authority residence requirement

F10417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Fostering requirement

F10418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Pre-conditions to imposing local authority residence requirement or fostering requirement

F10419. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Mental health treatment requirement

F10420. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Mental health treatment at place other than that specified in order

F10421. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Drug treatment requirement

F10422. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Drug testing requirement

F10423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Intoxicating substance treatment requirement

F10424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Education requirement

F10425. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Electronic monitoring requirement

F10426. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Power to amend limits

F10427. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Part 3 Provisions applying where court proposes to make youth rehabilitation order

F104Family circumstances

F10428. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Compatibility of requirements, requirement to avoid conflict with religious beliefs, etc.

F10429. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Date of taking effect and other existing orders

F10430. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Concurrent and consecutive orders

F10431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Part 4 Provisions applying where court makes youth rehabilitation order etc.

F104Date for compliance with requirements to be specified in order

F10432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Local justice area to be specified in order

F10433. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Provision of copies of orders

F10434. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Power to provide for court review of orders

F10435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F104Order made by Crown Court: direction in relation to further proceedings

F10436. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105SCHEDULE 2 

Breach, revocation or amendment of youth rehabilitation orders

Section 2

F105Part 1 Preliminary

F105Interpretation

F1051. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Orders made on appeal

F1052. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Part 2 Breach of requirement of order

F105Duty to give warning

F1053. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Breach of order

F1054. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Issue of summons or warrant by justice of the peace

F1055. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Powers of magistrates' court

F1056. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Power of magistrates' court to refer offender to Crown Court

F1057. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Powers of Crown Court

F1058. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Restriction of powers in paragraphs 6 and 8 where treatment required

F1059. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Power to amend amounts of fines

F10510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Part 3 Revocation of order

F105Revocation of order with or without re-sentencing: powers of appropriate court

F10511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Revocation of order with or without re-sentencing: powers of Crown Court

F10512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Part 4 Amendment of order

F105Amendment by appropriate court

F10513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Amendment by Crown Court

F10514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Exercise of powers under paragraph 13(2) or 14(2): further provisions

F10515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Exercise of powers under paragraph 13(4) or 14(4): further provisions

F10516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Extension of order

F10516A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Extension of unpaid work requirement

F10517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Part 5 Powers of court in relation to order following subsequent conviction

F105Powers of magistrates' court following subsequent conviction

F10518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Powers of Crown Court following subsequent conviction

F10519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Part 6 Supplementary

F105Appearance of offender before court

F10520. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Warrants

F10521. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Adjournment of proceedings

F10522. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Restrictions on imposition of intensive supervision and surveillance or fostering

F10523. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Provision of copies of orders etc.

F10524. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F105Power to amend maximum period of fostering requirement

F10525. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106SCHEDULE 3 

Transfer of youth rehabilitation orders to Northern Ireland

Section 3

F106Part 1 Making or amendment of a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

F106Making of youth rehabilitation order where offender resides or will reside in Northern Ireland

F1061. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Amendment of youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

F1062. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Further provisions regarding the making or amending of youth rehabilitation orders under paragraph 1 or 2

F1063. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1064. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Modifications to Part 1

F1065. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Meaning of “supervision”

F1066. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Part 2 Provisions relating to an order made or amended under Part 1

F106Application of this Part

F1067. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Interpretation

F1068. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Effect of the youth rehabilitation order in Northern Ireland

F1069. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Duty of offender to keep in touch with relevant officer

F10610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

F10611. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Powers of the home court in respect of the youth rehabilitation order

F10612. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10613. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10614. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Powers of court in England or Wales before which the offender is required to appear

F10615. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106Power to amend provisions of Schedule in consequence of changes to the law in Northern Ireland

F10617. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 

Youth rehabilitation orders: consequential and related amendments

Section 6

Part 1  Consequential amendments

Children and Young Persons Act 1933 (c. 12)

I3421The Children and Young Persons Act 1933 has effect subject to the following amendments.
I3432
1 Section 34 (attendance at court of parent of child or young person charged with an offence, etc.) is amended as follows.
2 In subsection (7), omit “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.
3 After subsection (7A) insert—
3
I3441 Section 49 (restrictions on reports of proceedings in which children or young persons are concerned) is amended as follows.
I3442 In subsection (2), for paragraphs (c) and (d) substitute—
3 In subsection (4A), omit paragraph (d) (but not the word “or” immediately following it).
I3444 In subsection (10), for the words from “Schedule 7” to “supervision orders)” substitute the words “ Schedule 2 to the Criminal Justice and Immigration Act 2008 (proceedings for breach, revocation or amendment of youth rehabilitation orders) ”.
5 In subsection (13), omit paragraph (c)(i).

Criminal Appeal Act 1968 (c. 19)

I3454In section 10(2) of the Criminal Appeal Act 1968 (appeal against sentence in other cases dealt with at assizes or quarter sessions), for paragraph (b) substitute—

Firearms Act 1968 (c. 27)

I3465The Firearms Act 1968 has effect subject to the following amendments.
I3476In section 21(3ZA)(a) (possession of firearms by persons previously convicted of crime), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.
I3487In section 52(1A)(a) (forfeiture and disposal of firearms; cancellation of certificate by convicting court), after “2003”, insert “ , or a youth rehabilitation order within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008, ”.

Health Services and Public Health Act 1968 (c. 46)

I3498The Health Services and Public Health Act 1968 has effect subject to the following amendments.
I3509In section 64(3)(a) (financial assistance by the Secretary of State to certain voluntary organisations)—
a in paragraph (xxi) of the definition of “the relevant enactments”, for “sections 63 to 66 and 92 of, and Schedules 6 and 7 to,” substitute “ section 92 of ”, and
b after that paragraph, insert—
.
I35110In section 65(3)(b) (financial and other assistance by local authorities to certain voluntary organisations), for paragraph (xxii) of the definition of “relevant enactments” substitute—
.

Social Work (Scotland) Act 1968 (c. 49)

I35211The Social Work (Scotland) Act 1968 has effect subject to the following amendments.
I35312In section 86(3) (adjustments between authority providing accommodation etc, and authority of area of residence) after “supervision order” insert “ , youth rehabilitation order ”.
I35413In section 94(1) (interpretation)—
a for the definition of “probation order” substitute—
,
b in the definition of “supervision order”, omit “the Powers of Criminal Courts (Sentencing) Act 2000 or”, and
c at the end insert—

Children and Young Persons Act 1969 (c. 54)

I35514The Children and Young Persons Act 1969 has effect subject to the following amendments.
I35615Omit section 25 (transfers between England or Wales and Northern Ireland).
I35716
1 Section 26 (transfers between England or Wales and the Channel Islands or Isle of Man) is amended as follows.
2 In subsection (1)(c), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.
3 In subsection (2), for the words from “supervision order” to “2000” substitute “ youth rehabilitation order imposing a local authority residence requirement ”.
I35817
1 Section 32 (detention of absentees) is amended as follows.
2 In subsection (1A)—
a in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and
b for paragraph (b) substitute—
.
3 For subsection (1C) substitute—
4 After subsection (1C) insert—
5 In subsection (2), for “or (1A)” substitute “ , (1A) or (1D) ”.
6 In subsection (2A), for the words from “mentioned in subsection” to “this section is in premises” substitute “ mentioned in subsection (1), (1A)(a) or (b)(i) or (ii) or (1D) of this section is in premises ”.
7 In subsection (2B)—
a after “subsection (1A)” insert “ or (1D) ”, and
b at the end insert “ or the responsible officer, as the case may be. ”
8 In subsection (3), for “or (1A)” substitute “ , (1A) or (1D) ”.
9 In subsection (4), after “(1A)” insert “ , (1D) ”.
I35918In section 70(1) (interpretation)—
a omit the definition of “supervision order”,
b after the definition of “local authority accommodation” insert—
, and
c after the definition of “youth offending team” insert—
.
I36019In section 73(4)(a) (provisions of section 32 extending to Scotland) for “to (1C)” substitute “ to (1E) ”.

Rehabilitation of Offenders Act 1974 (c. 53)

I36120The Rehabilitation of Offenders Act 1974 has effect subject to the following amendments.
F56I36221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I36322In section 7(2) (limitations on rehabilitation under Act, etc.) for paragraph (d) substitute—
.

Bail Act 1976 (c. 63)

I36423In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others)—
a omit the words “to be dealt with”, and
b for paragraph (a), substitute—
.

Magistrates' Courts Act 1980 (c. 43)

I36524In Schedule 6A to the Magistrates' Courts Act 1980 (fines that may be altered under section 143), omit the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

Contempt of Court Act 1981 (c. 49)

25In section 14 of the Contempt of Court Act 1981 (proceedings in England and Wales), omit the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).

Criminal Justice Act 1982

I36626Part 3 of Schedule 13 to the Criminal Justice Act 1982 (reciprocal arrangements for transfer of community service orders from Northern Ireland) has effect subject to the following amendments.
I36727
1 Paragraph 7 (transfer to England and Wales) is amended as follows.
2 In sub-paragraph (1), in Article 13(4)(b) inserted by that provision, for “such orders” substitute “ an unpaid work requirement of a community order under section 177 of the Criminal Justice Act 2003 or youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.
3 In sub-paragraph (2)(b)—
a after “a community order” insert “ or a youth rehabilitation order ”, and
b omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
4 In sub-paragraph (3)—
a for “A community service order” substitute “ An adult community service order ”, and
b in paragraph (b)—
i omit “within the meaning of Part 12 of the Criminal Justice Act 2003”, and
ii for “by that Part of that Act” substitute “ by Part 12 of the Criminal Justice Act 2003 ”.
5 After sub-paragraph (3) insert—
I36828
1 Paragraph 9 (general provision) is amended as follows.
2 In sub-paragraph (3)—
a in paragraph (a)—
i for “a community service order” substitute “ an adult community service order ”;
ii omit “under section 177 of the Criminal Justice Act 2003”;
iii for “of that Act” substitute “ of the Criminal Justice Act 2003 ”, and
b before “and” at the end of that paragraph insert—
.
3 In sub-paragraph (4)(a)—
a after “community orders” insert “ or youth rehabilitation orders ”, and
b omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
4 In sub-paragraph (5)—
a after “community order” insert “ or youth rehabilitation order ”, and
b omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.
5 In sub-paragraph (6)—
a after “community orders” insert “ or youth rehabilitation orders ”,
b omit “(within the meaning of Part 12 of the Criminal Justice Act 2003)”, and
c in paragraph (b)(i), after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”.
I36929After that paragraph insert—

Mental Health Act 1983 (c. 20)

I37030In section 37(8) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
a in paragraph (a), after “Criminal Justice Act 2003)” insert “ or a youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and
b in paragraph (c), omit the words “a supervision order (within the meaning of that Act) or”.

Child Abduction Act 1984 (c. 37)

I37131In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
a in paragraph (a), for “paragraph 7(4) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 21(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”, and
b in paragraph (b), after “1969” insert “ or paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.

Prosecution of Offences Act 1985 (c. 23)

I37232
1 Section 19 of the Prosecution of Offences Act 1985 (provision for orders as to costs in other circumstances) is amended as follows.
2 In subsection (3B)(b)(i), for the words from “in a community order” to “that Act” substitute “ a mental health treatment requirement in a community order or youth rehabilitation order ”.
3 After subsection (3B) insert—

Children Act 1989 (c. 41)

I37333The Children Act 1989 has effect subject to the following amendments.
I37434
1 Section 21 (provision of accommodation for children in police protection or detention or on remand, etc.) is amended as follows.
2 In subsection (2)(c)—
a in sub-paragraph (i), omit “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and “or” at the end of that sub-paragraph, and
b for sub-paragraph (ii), substitute—
.
3 After subsection (2) insert—
I37535In section 31(7)(b) (care and supervision orders), for sub-paragraph (ii) substitute—
.
I37636In section 105(6) (interpretation)—
a in paragraph (b), omit from the words “or an” to the end of the paragraph, and
b after that paragraph insert—
.
I37737
1 Part 3 of Schedule 3 (education supervision orders) is amended as follows.
2 In paragraph 13(2), for paragraph (c) substitute—
.
3 In paragraph 14—
a in sub-paragraph (1), for “order under section 63(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ youth rehabilitation order (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008) ”, and
b in sub-paragraph (2), after “direction” (in the second place it occurs) insert “ or instruction ”.
I37838In paragraph 3 of Schedule 8 (privately fostered children) for paragraph (a) substitute—
.

Criminal Justice Act 1991 (c. 53)

I37939Part 3 of Schedule 3 to the Criminal Justice Act 1991 (transfer of probation orders from Northern Ireland to England and Wales) has effect subject to the following amendments.
I38040
1 Paragraph 10 is amended as follows.
2 In sub-paragraph (2)(b), for the words from “the local probation board” to the end substitute
, and
3 In sub-paragraph (3)(a), for the words from “an officer of a local probation board” to the end substitute
.
I38141
1 Paragraph 11 is amended as follows.
2 In sub-paragraph (2)—
a for “a probation order” substitute “ an adult probation order ”,
b in paragraph (a), omit “under section 177 of the Criminal Justice Act 2003”, and
c in paragraph (b), for “of that Act” substitute “ of the Criminal Justice Act 2003 ”.
3 After that sub-paragraph insert—
4 In sub-paragraph (3)—
a for paragraph (a) substitute—
;
b in paragraph (b), for “Schedule 8 to that Act” substitute “ that legislation ”.
5 In sub-paragraph (4)—
a after “a community order” insert “ or, as the case may be, a youth rehabilitation order ”,
b omit “under section 177 of the Criminal Justice Act 2003”, and
c for “to that Act” substitute “ to the Criminal Justice Act 2003 or by paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008 ”.
6 In sub-paragraph (5)—
a after “2003” insert “ or, as the case may be, Part 1 of the Criminal Justice and Immigration Act 2008 ”,
b for “(2) above” substitute “ (2) or (2A) (as the case may be) ”, and
c in paragraph (b) for the words from “of the” to “board” substitute
.
7 In sub-paragraph (8)—
a after “In this paragraph” insert—
;
b at the end insert—

Criminal Justice and Public Order Act 1994 (c. 33)

I38242In section 136 of the Criminal Justice and Public Order Act 1994 (cross-border enforcement: execution of warrants), in subsection (7A), after “youth offender panel)” insert “ or under Schedule 2 to the Criminal Justice and Immigration Act 2008 (youth rehabilitation orders: breach etc.) ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

F10I38343. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I38444. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I38545. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10I38646. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)

I38747In section 562(2)(b) of the Education Act 1996 (Act not to apply to persons detained under order of a court), for “community order under section 177 of the Criminal Justice Act 2003” substitute “ youth rehabilitation order under section 1 of the Criminal Justice and Immigration Act 2008 ”.

Crime and Disorder Act 1998 (c. 37)

I38848The Crime and Disorder Act 1998 has effect subject to the following amendments.
I38949In section 38(4) (local provision of youth justice services)—
a in paragraph (f), for “, reparation orders and action plan orders” substitute “ and reparation orders ”,
b after paragraph (f) insert—
,
c omit paragraph (g), and
d in paragraph (h), omit “or a supervision order”.
I39050In Schedule 8 (minor and consequential amendments), in paragraph 13(2), for “that section” substitute “ section 10 of that Act ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F9751. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9752. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9753. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9754. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9755. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9756. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9758. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
59In section 159 (execution of process between England and Wales and Scotland)—
I432a after “Schedule 1 to this Act,” insert “ or ”,
I432b omit “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”,
c omit “paragraph 1(1) of Schedule 5 to this Act”, and
I432d omit “paragraph 7(2) of Schedule 7 to this Act, or”.
F12360. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61In section 163 (general definitions)—
I391a omit the definitions of “action plan order”, “affected person”, “attendance centre”, “attendance centre order”, “community sentence”, “curfew order”, “exclusion order”, “supervision order”, “supervisor” and “youth community order”,
I433b in the definition of “responsible officer”, omit paragraphs (a), (aa) and (f), and
I433c at the end add—
F9862. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9864. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Support, Pensions and Social Security Act 2000 (c. 19)

F665. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F666. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F667. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

I39268The Criminal Justice and Court Services Act 2000 has effect subject to the following amendments.
I39369In section 1(2)(a) (purposes of Chapter), after “2003)” insert “ , youth rehabilitation orders (as defined by section 1 of the Criminal Justice and Immigration Act 2008) ”.
I39470In section 70 (interpretation, etc.) omit subsection (5).

Criminal Justice Act 2003 (c. 44)

I39571Part 12 of the Criminal Justice Act 2003 (sentencing) has effect subject to the following amendments.
F9972. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9973. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9974. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9975. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9976. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9977. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9978. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9979. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9980. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9981. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9983. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9984. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9986. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9987. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9988. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9990. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
92In section 221(2) (provision of attendance centres)—
a omit “or” at the end of paragraph (a),
I396b after that paragraph insert—
, and
c omit paragraph (b).
F12793. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39794Omit section 279 (drug treatment and testing requirement in action plan order or supervision order).
I39895In section 330(5)(a) (orders subject to the affirmative resolution procedure), omit the entry relating to section 161(7).
F12696. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I39997Omit Schedule 24 (drug treatment and testing requirement in action plan order or supervision order).

Violent Crime Reduction Act 2006 (c. 38)

I40098In section 47 of the Violent Crime Reduction Act 2006 (power to search persons in attendance centres for weapons), in the definition of “relevant person” in subsection (11), for paragraph (b) substitute—
.

Offender Management Act 2007 (c. 21)

I40199In section 1(4) of the Offender Management Act 2007 (meaning of “the probation purposes”), in the definition of “community order”—
a after paragraph (a) insert—
, and
b after paragraph (b) insert—
.

Part 2 Related amendments

Children and Young Persons Act 1933 (c. 12)

F125100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1969 (c. 54)

I402101
1 Section 32 of the Children and Young Persons Act 1969 (detention of absentees) is amended as follows.
2 In subsection (1A)—
a in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”,
b in paragraph (b) (as substituted by paragraph 17(2)(b) of this Schedule), in sub-paragraph (ii), after “under” insert “ paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.
3 In subsection (1C) (as substituted by paragraph 17(3) of this Schedule)—
a in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and
b in paragraph (c), after “under” insert “ paragraph 4(6) of Schedule 1 or paragraph 6(8) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”.

Bail Act 1976 (c. 63)

I403102In section 4(3) of the Bail Act 1976 (general right to bail of accused persons and others), before paragraph (a) (as substituted by paragraph 23(b) of this Schedule) insert—
.

Magistrates' Courts Act 1980 (c. 43)

F124103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Child Abduction Act 1984 (c. 37)

I404104In paragraph 2(1) of the Schedule to the Child Abduction Act 1984 (modifications of section 1 for children in certain cases)—
a in paragraph (a), after “under” insert “ paragraph 4(1)(a) of Schedule 1 or paragraph 6(4)(a) of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 or ”, and
b in paragraph (b), before “or” (as inserted by paragraph 31(b) of this Schedule) insert “ , paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Children Act 1989 (c. 41)

I405105In section 21(2)(c) of the Children Act 1989 (provision of accommodation for children in police protection or detention or on remand, etc.), after sub-paragraph (i) insert—
.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F100106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F100108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

F100109. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31SCHEDULE 5 

Offences specified for the purposes of sections 225(3A) and 227(2A) of Criminal Justice Act 2003

Section 13(2)

F32SCHEDULE 6 

Credit for period of remand on bail: transitional provisions

Section 23

F321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7 

Youth default orders: modification of provisions applying to youth rehabilitation orders

Section 39(6)

General

1Any reference to the offender is, in relation to a youth default order, to be read as a reference to the person in default; and any reference to the time when the offender is convicted is to be read as a reference to the time when the order is made.

Unpaid work requirement

2
F134C51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) there were substituted—
.
3 In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

Attendance centre requirement

3
1 In its application to a youth default order, paragraph 14 of Schedule 6 to the Sentencing Code (attendance centre requirement) is modified as follows.
C62 Sub-paragraph (3) has effect as if—
a in paragraph (a), for the words following “conviction” there were substituted
,
b in paragraph (b), for the words following “conviction” there were substituted
,
c in paragraph (c), for “must not be more than 12” there were substituted
.

Curfew requirement

4
1 In its application to a youth default order, paragraph 18 of Schedule 6 to the Sentencing Code (curfew requirement) is modified as follows.
2 That paragraph has effect as if after sub-paragraph (4) there were inserted—
.

Enforcement, revocation and amendment of youth default order

5
1 In its application to a youth default order, Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) is modified as follows.
2 Any reference to the offence in respect of which the youth rehabilitation order was made is to be read as a reference to the default in respect of which the youth default order was made.
3 Accordingly, any power of the court to revoke a youth rehabilitation order and deal with the offender for the offence is to be taken to be a power to revoke the youth default order and deal with him in any way in which the court which made the youth default order could deal with him for his default in paying the sum in question.
4 Paragraph 3 has effect as if for paragraphs (a) and (b) there were substituted “ as having been made by a magistrates' court ”.
5 The following provisions are omitted—
a in paragraph 6—
i sub-paragraph (5)(a),
ii the words “add or” in sub-paragraph (5)(b), and
iii sub-paragraph (11);
b paragraph 9;
c paragraph 11;
d paragraph 12(8);
e paragraph 21(6);
f paragraph 23(2)(b).

Power to alter amount of money or number of hours or days

6The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.

Transfer of youth default order to Northern Ireland

7
1 In its application to a youth default order, Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) is modified as follows.
2 Paragraph 15 has effect as if, after sub-paragraph (2) there were inserted—
3 Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

SCHEDULE 8 

Appeals in criminal cases

Section 47

Part 1  Amendments of Criminal Appeal Act 1968

I281The Criminal Appeal Act 1968 (c. 19) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

I292In section 1 (appeal against conviction), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the conviction, ”.
I303In section 11 (supplementary provisions as to appeal against sentence), in subsection (1A)—
a after “if” insert “ , within 28 days from the date on which the sentence was passed, ”, and
b for “the sentence” substitute “ it ”.
I314In section 12 (appeal against verdict of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the verdict, ”.
I325In section 15 (appeal against finding of disability), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the accused did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

I336
1 Section 4 (sentence when appeal allowed on part of indictment) is amended as follows.
2 For the heading substitute “ Power to re-sentence where appellant remains convicted of related offences ”.
3 For subsection (1) substitute—
4 In subsection (2)—
a for “in respect of any count on which the appellant remains convicted” substitute “ in respect of any related offence of which the appellant remains convicted ”, and
b omit “for the offence of which he remains convicted on that count”.
5 In subsection (3)—
a for “on the indictment as a whole” substitute “ (taken as a whole) for all the related offences of which he remains convicted ”, and
b for “for all offences of which he was convicted on the indictment” substitute “ for all the related offences ”.
6 After subsection (3) insert—

Interim hospital orders

I347The following provisions (which relate to the effect of interim hospital orders made by the Court of Appeal) are omitted—
a section 6(5) and the definition of interim hospital order in section 6(7),
b section 11(6),
c section 14(5) and the definition of interim hospital order in section 14(7), and
d section 16B(3).
I358Before section 31 (but after the cross-heading preceding it) insert—
I369In section 31 (powers of Court which are exercisable by single judge) after subsection (2) insert—

Evidence

I3710
1 Section 23 (evidence) is amended as follows.
2 In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.
3 In that subsection, for paragraph (b) substitute—
.
4 After subsection (1) insert—
5 In subsection (4) after “an appeal” insert “ , or an application for leave to appeal, ”.
6 After subsection (5) insert—

Powers of single judge

I3811
1 Section 31 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
2 In the heading, omit “under Part 1”.
3 After subsection (2C) insert—

Appeals against procedural directions

I3912In section 31C (appeals against procedural directions), omit subsections (1) and (2).

Detention of defendant pending appeal to Supreme Court

I4013
1 Section 37 (detention of defendant on appeal by Crown) is amended as follows.
2 In subsection (2) for the words from “may make” to the end substitute
3 After subsection (2) insert—
4 In subsection (3) for “this section” substitute “ subsection (2)(a) ”.
5 In subsection (4) for “this section” (in each place where it occurs) substitute “ subsection (2)(a) ”.
6 In subsection (4A) for “this section” (in the first place where it occurs) substitute “ subsection (2)(a) ”.
7 For subsection (5) substitute—

Part 2  Amendments of Criminal Appeal (Northern Ireland) Act 1980

I4114The Criminal Appeal (Northern Ireland) Act 1980 (c. 47) has effect subject to the following amendments.

Time limit on grant of certificates of fitness for appeal

I4215In section 1 (appeal against conviction), in paragraph (b) after “if” insert “ , within 28 days from the date of the conviction, ”.
I4316In section 12 (appeal against finding of not guilty on ground of insanity), in subsection (1)(b) after “if” insert “ , within 28 days from the date of the finding, ”.
I4417In section 13A (appeal against finding of unfitness to be tried), in subsection (2)(b) after “if” insert “ , within 28 days from the date of the finding that the person did the act or made the omission charged, ”.

Powers of Court to substitute different sentence

I4518
1 Section 4 (alteration of sentence on appeal against conviction) is amended as follows.
2 For subsection (1) substitute—
3 After subsection (2) insert—

Interim hospital orders

I4619Section 10(6) (effect of interim hospital orders made by Court of Appeal) is omitted.
I4720
1 For the cross-heading preceding section 30 substitute— “ Supplementary ”.
2 Before section 30 (but after the cross-heading preceding it) insert—
I4821In section 45 (powers of Court which are exercisable by single judge) after subsection (3) insert—

Evidence

I4922
1 Section 25 (evidence) is amended as follows.
2 In subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.
3 In that subsection, for paragraph (b) substitute—
.
4 After subsection (1) insert—
5 After subsection (3) insert—
I5023In section 26 (additional powers of Court), in subsection (1) after “an appeal” insert “ , or an application for leave to appeal, ”.

Detention of defendant pending appeal to Supreme Court

I5124
1 Section 36 (detention of defendant on appeal by Crown) is amended as follows.
2 In subsection (1) for the words from “may make” to the end substitute
3 After subsection (1) insert—
4 In subsection (2) for “subsection (1)” substitute “ subsection (1)(a) ”.
5 In subsection (3) for “this section” (in each place where it occurs) substitute “ subsection (1)(a) ”.
6 In subsection (3A) for “this section” (in the first place where it occurs) substitute “ subsection (1)(a) ”.
7 For subsection (4) substitute—

Powers of single judge

I5225
1 Section 45 (powers of Court of Appeal which are exercisable by single judge) is amended as follows.
2 After subsection (3C) insert—

Part 3  Amendments of other Acts

Detention of defendant pending appeal from High Court to Supreme Court

I5326
1 Section 5 of the Administration of Justice Act 1960 (c. 65) (power to order detention or admission to bail of defendant) is amended as follows.
2 In subsection (1) for the words from “may make” to the end substitute
3 After subsection (1) insert—
4 In subsection (3) for “subsection (1)” substitute “ subsection (1)(a) ”.
5 In subsection (4) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.
6 In subsection (4A) for “the said subsection (1)” substitute “ the said subsection (1)(a) ”.
7 For subsection (5) substitute—

Variation of sentences by Crown Court

I5427
1 Section 49 of the Judicature (Northern Ireland) Act 1978 (c. 23) (sentences imposed and other decisions made by Crown Court) is amended as follows.
2 In subsection (2)—
a for “28 days” substitute “ 56 days ”, and
b omit the words from “or, where subsection (3) applies,” to the end.
3 After subsection (2) insert—
4 Subsection (3) is omitted.
F13328. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 

Alternatives to prosecution for persons under 18

Section 48

I2311The Crime and Disorder Act 1998 (c. 37) has effect subject to the following amendments.
F432. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I232I241I329I4583After section 66 insert—
I2334
1 Section 114 (orders and regulations) is amended as follows.
2 In subsection (2) (which specifies orders that are subject to annulment in pursuance of a resolution of either House of Parliament), for “or 10(6)” substitute “ 10(6), 66C(1) or 66H(e)(vi) ”.
3 After subsection (2) insert—
4 In subsection (3) (which specifies orders that may not be made unless a draft has been approved by a resolution of each House of Parliament) after “41(6)” insert “ , 66A(6) ”.
5 After subsection (3) insert—

SCHEDULE 10 

Protection for spent cautions under Rehabilitation of Offenders Act 1974

Section 49

I2031The Rehabilitation of Offenders Act 1974 (c. 53) is amended as follows.
F542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2043After section 8 (defamation actions) there is inserted—
I2054After section 9 (unauthorised disclosure of spent convictions) insert—
F555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2066After that Schedule insert—

SCHEDULE 11 

Electronic monitoring of persons released on bail subject to conditions

Section 51

I1511The Bail Act 1976 (c. 63) has effect subject to the following amendments.
I1522In section 3 (general provisions) for subsection (6ZAA) substitute—
I1533
1 Section 3AA (electronic monitoring of compliance with bail conditions) is amended as follows.
2 In the heading to the section, for “Electronic monitoring of compliance with bail conditions” substitute “ Conditions for the imposition of electronic monitoring requirements: children and young persons ”.
3 For subsection (1) substitute—
4 For subsection (4) substitute—
5 In subsection (5), for “such a requirement” substitute “ electronic monitoring requirements ”.
6 Subsections (6) to (10) and (12) (which are superseded by section 3AC) are omitted.
I1544After section 3AA insert—

SCHEDULE 12 

Bail for summary offences and certain other offences to be tried summarily

Section 52

I561The Bail Act 1976 (c. 63) is amended as follows.
I572In section 3(6D)(a) (condition to be imposed on person in relation to whom paragraph 6B(1)(a) to (c) of Part 1 of Schedule 1 to that Act apply), after “apply” insert “ (including where P is a person to whom the provisions of Part 1A of Schedule 1 apply) ”.
I583After section 9 (offence of agreeing to indemnify sureties in criminal proceedings) insert—
I594Schedule 1 (persons entitled to bail: supplementary provisions) is amended as follows.
I605
1 Paragraph 1 (defendants to whom Part 1 applies) becomes sub-paragraph (1) of that paragraph.
2 In that sub-paragraph at the beginning insert “ Subject to sub-paragraph (2), ”.
3 After that sub-paragraph insert—
I616After Part 1 insert—

SCHEDULE 13 

Allocation of cases triable either way etc.

Section 53

1Schedule 3 to the Criminal Justice Act 2003 (c. 44) (allocation of cases triable either way, and sending cases to the Crown Court etc.) has effect subject to the following amendments.
2In paragraph 2, in the paragraph set out in sub-paragraph (2), after “committed” insert “ for sentence ”.
3In paragraph 6, for subsection (2)(c) of the section set out in that paragraph substitute—
4In paragraph 8, in sub-paragraph (2)(a) for “trial on indictment” substitute “ summary trial ”.
5
1 Paragraph 9 is amended as follows.
2 In sub-paragraph (3) after “(1A)” insert “ , (1B) ”.
3 After sub-paragraph (3) insert—
6Paragraph 13 is omitted.
7Paragraph 22 is omitted.
F1018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1019. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 14 

Special rules relating to providers of information society services

Section 68

Domestic service providers: extension of liability

F1571. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on institution of proceedings

F1582. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions for mere conduits

I2203
1 A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in—
a the provision of access to a communication network, or
b the transmission in a communication network of information provided by a recipient of the service,
if the condition in sub-paragraph (2) is satisfied.
2 The condition is that the service provider does not—
a initiate the transmission,
b select the recipient of the transmission, or
c select or modify the information contained in the transmission.
3 For the purposes of sub-paragraph (1)—
a the provision of access to a communication network, and
b the transmission of information in a communication network,
includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.
4 Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

I2214
1 This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.
2 The service provider is not capable of being guilty of an offence under section 63 in respect of the automatic, intermediate and temporary storage of information so provided, if—
a the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and
b the condition in sub-paragraph (3) is satisfied.
3 The condition is that the service provider—
a does not modify the information,
b complies with any conditions attached to having access to the information, and
c (where sub-paragraph (4) applies) expeditiously removes the information or disables access to it.
4 This sub-paragraph applies if the service provider obtains actual knowledge that—
a the information at the initial source of the transmission has been removed from the network,
b access to it has been disabled, or
c a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Exception for hosting

I2225
1 A service provider is not capable of being guilty of an offence under section 63 in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if—
a the service provider had no actual knowledge when the information was provided that it contained offending material, or
b on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.
2 “Offending material” means material the possession of which constitutes an offence under section 63.
3 Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

I2236
1 This paragraph applies for the purposes of this Schedule.
F752 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 “Information society services”—
a has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and
b is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;
and “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce).
4 “Recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible.
5 “Service provider” means a person providing an information society service.
F1596 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15 

Sexual offences: grooming and adoption

Section 73

Meeting a child following sexual grooming

I671In section 15(1) of the Sexual Offences Act 2003 (c. 42) (meeting a child following sexual grooming etc) for paragraphs (a) and (b) substitute—
.

Adoption

2The Sexual Offences Act 2003 (c. 42) has effect subject to the following amendments.
3In section 27(1)(b) (family relationships) after “but for” insert “ section 39 of the Adoption Act 1976 or ”.
4In section 29(1)(b) (sections 25 and 26: sexual relationships which pre-date family relationships) after “if” insert “ section 39 of the Adoption Act 1976 or ”.
5
1 Section 64 (sex with an adult relative: penetration) is amended as follows.
2 In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.
3 In subsection (3) after “In subsection (2)—” insert—
.
4 After that subsection insert—
5 After subsection (5) insert—
6
1 Section 65 (sex with an adult relative: consenting to penetration) is amended as follows.
2 In subsection (1) after “(A)” insert “ (subject to subsection (3A)) ”.
3 In subsection (3) after “In subsection (2)—” insert—
.
4 After that subsection insert—
5 After subsection (5) insert—
7In section 47(1) of the Adoption Act 1976 (c. 36) (disapplication of section 39 (status conferred by adoption) for the purposes of miscellaneous enactments) for “sections 10 and 11 (incest) of the Sexual Offences Act 1956” substitute “ or sections 64 and 65 of the Sexual Offences Act 2003 (sex with an adult relative) ”.

SCHEDULE 16 

Hatred on the grounds of sexual orientation

Section 74

I4371Part 3A of the Public Order Act 1986 (c. 64) (hatred against persons on religious grounds) has effect subject to the following amendments.
I4382In the heading for Part 3A at the end insert “ or grounds of sexual orientation ”.
I4393In the italic cross-heading before section 29A at the end insert “ and “hatred on the grounds of sexual orientation” .
I4404After that section insert—
I4415In the italic cross-heading before section 29B at the end insert “ or hatred on the grounds of sexual orientation ”.
I66
I4421 Section 29B (use of words or behaviour or display of written material) is amended as follows.
I4422 In subsection (1), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.
3 Omit subsection (3).
I4437In section 29C(1) (publishing or distributing written material), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.
I4448In section 29D(1) (public performance of play), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.
I4459In section 29E(1) (distributing, showing or playing a recording), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.
I44610In section 29F(1) (broadcasting or including programme in programme service), after “religious hatred” insert “ or hatred on the grounds of sexual orientation ”.
I44711In section 29G(1) (possession of inflammatory material), for “religious hatred to be stirred up thereby” substitute “ thereby to stir up religious hatred or hatred on the grounds of sexual orientation ”.
12
1 Section 29H (powers of entry and search) is amended as follows.
2 In subsection (1), omit “in England and Wales”.
3 Omit subsection (2).
13
1 Section 29I (power to order forfeiture) is amended as follows.
2 In subsection (2)—
a in paragraph (a), omit “in the case of an order made in proceedings in England and Wales,”; and
b omit paragraph (b).
3 Omit subsection (4).
14After section 29J insert—
15In section 29K(1) (savings for reports of parliamentary or judicial proceedings), for “or in the Scottish Parliament” substitute “ , in the Scottish Parliament or in the National Assembly for Wales ”.
16
1 Section 29L (procedure and punishment) is amended as follows.
2 In subsections (1) and (2), omit “in England and Wales”.
3 In subsection (3), in paragraph (b), for “six months” substitute “ 12 months ”.
4 After that subsection insert—
I44817In section 29N (interpretation), after the definition of “dwelling” insert—
.

SCHEDULE 17 

Offences relating to nuclear material and nuclear facilities

Section 75

Part 1  Amendments of Nuclear Material (Offences) Act 1983

I4061The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the following amendments.
I4072
1 Section 1 (extended scope of certain offences) is amended as follows.
2 In subsection (1)(b) (offences under certain enactments) for “section 78 of the Criminal Justice (Scotland) Act 1980” substitute “ section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995 ”.
3 After subsection (1) insert—
4 Omit subsection (2) (definition of “act”).
I4083After section 1 insert—
I4094For section 2 substitute—
I4105After section 3 (supplemental) insert—
I4116
1 Section 6 (material to which the Act applies) is amended as follows.
2 Before subsection (1) insert—
3 In subsection (1), omit “in this Act”.
4 After subsection (1) insert—
5 In subsection (2) (question whether or not nuclear material used for peaceful purposes to be determined conclusively by certificate of Secretary of State to that effect) after “material” insert “ or facility ”.
6 For subsection (5) substitute—
7 For the sidenote, substitute “ Interpretation ”.
I4127In section 7 (application to the Channel Islands, Isle of Man etc.) in subsection (2), for “any colony” substitute “ any British overseas territory ”.

Part 2  Amendments of Customs and Excise Management Act 1979

I4138
1 The Customs and Excise Management Act 1979 (c. 2) is amended as follows.
2 In section 1 (interpretation) in subsection (1) insert at the appropriate place—
.
3 In section 50 (penalty for improper importation of goods)—
a in subsection (4) (penalty for offence) for “or (5B)” substitute “ , (5B) or (5C) ”;
b after subsection (5B) insert—
4 In section 68 (offences in relation to exportation of prohibited or restricted goods)—
a in subsection (3) (penalty for offence) for “or (4A)” substitute “ , (4A) or (4B) ”;
b after subsection (4A) insert—
5 In section 170 (penalty for fraudulent evasion of duty, etc.)—
a in subsection (3) (penalty for offence) for “or (4B)” substitute “ , (4B) or (4C) ”;
b after subsection (4B) insert—
I4149
1 Her Majesty may by Order in Council provide for any provisions of section 1, 50, 68 or 170 of the Customs and Excise Management Act 1979 (c. 2) as amended by paragraph 8 to extend, with or without modifications, to any of the Channel Islands or any British overseas territory.
2 Section 147(2) applies in relation to an Order in Council under sub-paragraph (1) as it applies in relation to an order made by the Secretary of State.

F150SCHEDULE 18 

Penalties suitable for enforcement in England and Wales or Northern Ireland

Section 91(1)

F150Person residing in England and Wales

F1501. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person residing in Northern Ireland

F1502. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in England and Wales

F1503. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in Northern Ireland

F1504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in England and Wales and Northern Ireland

F1505. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in England and Wales and Scotland

F1506. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in Northern Ireland and Scotland

F1507. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Person having property etc. in England and Wales, Scotland and Northern Ireland

F1508. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F150Interpretation

F1509. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151SCHEDULE 19 

Grounds for refusal to enforce financial penalties

Section 91(2)

F151Part 1 The grounds for refusal

F151A1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1512A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1513A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1515A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151Part 2 European framework list (financial penalties)

F1518. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1519. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15114. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15127. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151Part 3 Interpretation

F15147. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F60SCHEDULE 20 

Closure orders: premises associated with persistent disorder or nuisance

Section 118

F60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 21 

Nuisance or disturbance on HSS premises

Section 122

Offence of causing nuisance or disturbance on HSS premises

1
I4531 A person commits an offence if—
a the person causes, without reasonable excuse and while on HSS premises, a nuisance or disturbance to an HSS staff member who is working there or is otherwise there in connection with work,
b the person refuses, without reasonable excuse, to leave the HSS premises when asked to do so by a constable or an HSS staff member, and
c the person is not on the HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
I4532 A person who commits an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I4533 For the purposes of this paragraph—
a a person ceases to be on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself once the person has received the advice, treatment or care, and
b a person is not on HSS premises for the purpose of obtaining medical advice, treatment or care for himself or herself if the person has been refused the advice, treatment or care during the last 8 hours.
I2484 In this paragraph—
  • “hospital grounds” means land in the vicinity of a hospital and associated with it,
  • “HSS premises” means—
    1. any hospital vested in, or managed by, an HSS trust,
    2. any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, an HSS trust), and
    3. the hospital grounds,
  • “HSS staff member” means a person employed by an HSS trust or otherwise working for it (whether as or on behalf of a contractor, as a volunteer or otherwise),
  • “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (S.I. 1991/194 (N.I. 1)), and
  • “vehicle” includes an air ambulance.

Power to remove person causing nuisance or disturbance

2
I4541 If a constable reasonably suspects that a person is committing or has committed an offence under paragraph 1, the constable may remove the person from the HSS premises concerned.
I4542 If an authorised officer reasonably suspects that a person is committing or has committed an offence under paragraph 1, the authorised officer may—
a remove the person from the HSS premises concerned, or
b authorise an HSS staff member to do so.
I4543 Any person removing another person from HSS premises under this paragraph may use reasonable force (if necessary).
I4544 An authorised officer cannot remove a person under this paragraph or authorise another person to do so if the authorised officer has reason to believe that—
a the person to be removed requires medical advice, treatment or care for himself or herself, or
b the removal of the person would endanger the person's physical or mental health.
I2495 In this paragraph—
  • “authorised officer” means any HSS staff member authorised by an HSS trust to exercise the powers conferred on an authorised officer by this paragraph, and
  • “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

Guidance about the power to remove etc.

3
I2501 The Department of Health, Social Services and Public Safety may from time to time prepare and publish guidance to HSS trusts and authorised officers about the powers in paragraph 2.
I2502 Such guidance may, in particular, relate to—
a the authorisation by HSS trusts of authorised officers,
b the authorisation by authorised officers of HSS staff members to remove persons under paragraph 2,
c training requirements for authorised officers and HSS staff members authorised by them to remove persons under paragraph 2,
d matters that may be relevant to a consideration by authorised officers for the purposes of paragraph 2 of whether offences are being, or have been, committed under paragraph 1,
e matters to be taken into account by authorised officers in deciding whether there is reason to believe that a person requires medical advice, treatment or care for himself or herself or that the removal of a person would endanger the person's physical or mental health,
f the procedure to be followed by authorised officers or persons authorised by them before using the power of removal in paragraph 2,
g the degree of force that it may be appropriate for authorised officers or persons authorised by them to use in particular circumstances,
h arrangements for ensuring that persons on HSS premises are aware of the offence in paragraph 1 and the powers of removal in paragraph 2, or
i the keeping of records.
I2503 Before publishing guidance under this paragraph, the Department of Health, Social Services and Public Safety must consult such persons as the Department considers appropriate.
I4554 An HSS trust and an authorised officer must have regard to any guidance published under this paragraph when exercising functions under, or in connection with, paragraph 2.
I2505 In this paragraph—
  • “authorised officer” has the same meaning as in paragraph 2, and
  • “HSS premises”, “HSS staff member” and “HSS trust” have the same meaning as in paragraph 1.

SCHEDULE 22 

Police misconduct and performance procedures

Section 126

Part 1  Amendments of Police Act 1996

I1551The Police Act 1996 (c. 16) has effect subject to the following amendments.

General duty of Secretary of State

I1562In section 36(2)(d) (general duty of Secretary of State) for “section 85” substitute “ sections 84 and 85 ”.

Regulations for police forces

I157I1753
1 Section 50 (regulations for police forces) is amended as follows.
2 For subsection (3) substitute—
3 In subsection (4) omit “, subject to subsection (3)(b),”.

Regulations for special constables

I158I1764
1 Section 51 (regulations for special constables) is amended as follows.
2 In subsection (2)(ba) (conduct of special constables) after “conduct” insert “ , efficiency and effectiveness ”.
3 After subsection (2) insert—

Police Federations

I1775In section 59(3) (representation only by another member of a police force except in certain circumstances) for “provided by” substitute “ provided in regulations made in accordance with ”.

Police Advisory Board

I816
1 Section 63(3) (supply of draft regulations to the Police Advisory Board) is amended as follows.
2 In paragraph (a), for “regulations under section 50 or 52” substitute “ regulations or rules under section 50, 52, 84 or 85 ”.
3 After “a draft of the regulations” insert “ or rules ”.

Representation at disciplinary and other proceedings

I159I1787For section 84 substitute—

Appeals against dismissal etc.

I160I1798
1 Section 85 (appeals against dismissal etc.) is amended as follows.
2 For subsections (1) and (2) substitute—
3 For subsection (4) substitute—
4 For subsection (5) substitute—

Guidance concerning disciplinary proceedings etc.

I1809
1 Section 87 (guidance concerning disciplinary proceedings etc.) is amended as follows.
2 For subsection (1) substitute—
3 In subsection (1A), after “section 50” insert “ or 51 ”.
4 In subsection (5), after “section 50” insert “ or 51 ”.

Police officers engaged on service outside their force

10
1 Section 97 (police officers engaged on service outside their force) is amended as follows.
2 In subsection (6)—
a in paragraph (b), omit “or is required to resign as an alternative to dismissal”;
b in paragraph (c), omit “or is required to resign as an alternative to dismissal”.
3 In subsection (7), omit “, or required to resign as an alternative to dismissal,”.

Police Appeals Tribunals

I18111
1 Schedule 6 (appeals to police appeals tribunals) is amended as follows.
2 In paragraph 1(1) (appeals by senior officers) for paragraphs (b) and (c) substitute—
3 In paragraph 2 (appeals by other members of police forces) for sub-paragraph (1) substitute—
4 Omit paragraph 6 (hearings).
5 In paragraph 7 (effect of orders) for sub-paragraph (1) substitute—
6 In paragraph 10 (interpretation)—
a for sub-paragraph (b) substitute—
F88b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2  Amendments of Ministry of Defence Police Act 1987

I41512The Ministry of Defence Police Act 1987 (c. 4) has effect subject to the following amendments.

Defence Police Federation

I41613In section 3(4) (representation of a member of the Ministry of Defence Police by the Federation) for “on an appeal to the Secretary of State or as provided by” substitute “ as provided in regulations made under ”.

Regulations relating to disciplinary matters

I41714
1 Section 3A (regulations relating to disciplinary matters) is amended as follows.
2 For subsection (1) substitute—
3 For subsection (2) substitute—

Representation etc. at disciplinary proceedings

I41815For section 4 substitute—

Appeals against dismissal etc.

I41916For section 4A substitute—

Part 3  Amendments of Railways and Transport Safety Act 2003

I18217The Railways and Transport Safety Act 2003 (c. 20) has effect subject to the following amendments.

Police regulations: general

I18318
1 Section 36 (police regulations: general) is amended as follows.
2 In subsection (1) (power to make regulations about constables) after “conditions” insert “ of service ”.
3 For subsection (2) substitute—

Police regulations: special constables

I18419After section 37(1) (power to make regulations about special constables) insert—

Police regulations by Secretary of State

I18520For section 42(3) substitute—

Regulations: further appeal

I18621Omit section 43 (regulations: further appeal).

SCHEDULE 23 

Investigation of complaints of police misconduct etc.

Section 127

I1611The Police Reform Act 2002 (c. 30) has effect subject to the following amendments.
I1622In section 23(2) (regulations) after paragraph (q) insert—
I1633Schedule 3 (handling of complaints and conduct matters etc.) is amended as follows.
I1874In paragraph 6(4) (handling of complaints by appropriate authority: use of local resolution procedures) in each of paragraphs (a)(ii) and (b)(ii), for the words from “, a requirement to resign” to the end substitute “ or the giving of a final written warning. ”
F865. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F866. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F867. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F868. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F869. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8610. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I18811
1 Paragraph 21A (procedure where conduct matter is revealed in course of investigation of DSI matter) is amended as follows.
2 In sub-paragraph (5) (DSI matter is to be recorded as conduct matter) omit the words from “(and the other provisions” to the end.
3 After sub-paragraph (5) insert—
12
I164I1891 Paragraph 22 (final reports on investigations) is amended as follows.
I1892 In sub-paragraph (1) (cases where paragraph 22 applies)—
a after paragraph (a) insert “ or ”;
b omit paragraph (c).
I1893 In sub-paragraph (4) (meaning of appropriate authority in the case of a conduct matter which was formerly a DSI matter) for the words from “a DSI matter” to “or (4)” substitute “ a matter that was formerly a DSI matter but has been recorded as a conduct matter in pursuance of paragraph 21A(5) ”.
I165I1904 At the end insert—
I19113
1 Paragraph 23 (action by Commission in response to investigation report) is amended as follows.
2 In sub-paragraph (2) (action to be taken on receipt of report)—
a for paragraph (b) substitute—
;
b in paragraph (c), for “the report does so indicate” substitute “ those conditions are so satisfied ”;
c in paragraph (d), after “appropriate authority” insert “ and the persons mentioned in sub-paragraph (5) ”.
3 After sub-paragraph (2) insert—
4 In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.
F905 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F906 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19214
1 Paragraph 24 (action by the appropriate authority in response to investigation report) is amended as follows.
2 In sub-paragraph (2) (action to be taken on receipt of report)—
a for paragraph (a) substitute—
;
b in paragraph (b), for “the report does so indicate” substitute “ those conditions are so satisfied ”;
c after paragraph (b) insert
3 After sub-paragraph (2) insert—
4 In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.
F895 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 For sub-paragraph (6) substitute—
F877 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F878 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19315In paragraph 24A(2) (final reports on investigations into other DSI matters: obligation to submit report) for the words from “A person appointed” to “paragraph 19” substitute “ The person investigating ”.
I19416
1 Paragraph 24B (action in response to a report on a DSI matter) is amended as follows.
2 In sub-paragraph (2) (circumstances in which appropriate authority must record matter as a conduct matter) omit the words from “(and the other provisions” to the end.
3 After sub-paragraph (2) insert—
F9117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19518
1 Paragraph 27 (duties with respect to disciplinary proceedings) is amended as follows.
2 In sub-paragraph (1) (application of paragraph) in each of paragraphs (a) and (b), for “proposing to” substitute “ required to or will, in its discretion, ”.
F923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I166I19619After paragraph 28 insert—

I76SCHEDULE 24 

Section 327A of Criminal Justice Act 2003: meaning of “child sex offence”

Section 140

The following is the Schedule to be inserted as Schedule 34A to the Criminal Justice Act 2003 (c. 44)—

SCHEDULE 25 

Amendments to armed forces legislation

Section 145

Part 1   Courts-Martial (Appeals) Act 1968

I2841The Courts-Martial (Appeals) Act 1968 (c. 20) has effect subject to the following amendments.

Power to dismiss certain appeals following references by the CCRC

I2852After section 25B insert—

Interim hospital orders

I2863Section 16(5) (effect of interim hospital order made by Appeal Court) is omitted.
I2874Section 25B(3) (as substituted by the Armed Forces Act 2006) (effect of interim hospital order made by Appeal Court) is omitted.
I2885Before section 36 (but after the cross-heading preceding it) insert—
I2896In section 36 (powers of Court under Part 2 which are exercisable by single judge), in subsection (1) after paragraph (h) insert—
.

Evidence

I2907
1 Section 28 (evidence) is amended as follows.
2 In subsection (1), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.
3 In that subsection, for paragraph (b) substitute—
.
4 After subsection (1) insert—
5 In subsection (4), at the beginning insert “ For the purposes of an appeal or an application for leave to appeal, ”.
6 After subsection (4) insert—

Appeals against procedural directions

I2918In section 36C (appeals against procedural directions), subsections (1) and (2) are omitted.

Detention of accused pending appeal to Supreme Court

I2929
1 Section 43 (as amended by the Armed Forces Act 2006) (detention of accused on appeal by Crown) is amended as follows.
2 In subsection (1) for “may make an order under this section” substitute “ shall make one of the orders specified in subsection (1A) ”.
3 In subsection (1A)—
a for “An order under this section is” substitute “ The orders specified in this subsection are ”,
b the word “or” at the end of paragraph (a) is omitted, and
c after paragraph (b) insert—
4 After subsection (1B) insert—
5 In subsection (2) for “under this section” substitute “ within subsection (1A)(a) or (b) ”.
6 For subsection (5) substitute—

Part 2  Armed Forces Act 2006

I29310The Armed Forces Act 2006 (c. 52) has effect subject to the following amendments.

Consecutive custodial sentences

I29411In section 188(4) (consecutive custodial sentences), after “Part 12 of the 2003 Act” insert “ or under Part 2 of the Criminal Justice Act 1991 ”.

Dangerous offenders

I29512In section 209 (offenders under 18 convicted of certain serious offences), in subsection (7) for “sections 221, 222 and 227” substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) and section 227 of this Act ”.
I29613
1 Section 219 (dangerous offenders aged 18 or over) is amended as follows.
2 In subsection (1) for the words from “a person” to the end substitute
3 For subsections (2) and (3) substitute—
4 For the italic cross-heading before section 219 substitute “ Required or discretionary sentences for particular offences ”.
I29714
1 Section 220 (certain violent or sexual offences: offenders aged 18 or over) is amended as follows.
2 In subsection (1) for the words from “a person” to the end substitute
3 For subsection (2) substitute—
4 In subsection (3)—
a for “section 227” substitute “ section 227(2) to (5) ”,
b before paragraph (a) insert—
, and
c in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2C)(b) ”.
5 After subsection (3) insert—
I29815
1 Section 221 (dangerous offenders aged under 18) is amended as follows.
2 In subsection (1) for the words from “a person” to the end substitute
3 For subsection (2) substitute—
4 In subsection (3)—
a for the words from the beginning to “is” substitute “ In section 226(2) of the 2003 Act (as applied subsection (2)) ”, and
b in paragraphs (a) and (b) the words “in section 226(2)” are omitted.
5 Subsection (4) is omitted.
I29916
1 Section 222 (offenders aged under 18: certain violent or sexual offences) is amended as follows.
2 In subsection (1), in paragraph (d) for the words from “section 221” to the end substitute “ section 226(2) of the 2003 Act (as applied by section 221(2) of this Act) to impose a sentence of detention for life. ”
3 For subsection (2) substitute—
4 In subsection (3)—
a for “section 228” substitute “ section 228(2) to (5) ”, and
b in paragraph (a) for “subsection (2)(b)” substitute “ subsection (2B)(b) ”.
5 After subsection (3) insert—
I30017
1 Section 223 (the required opinion for the purposes of sections 219 to 222) is amended as follows.
2 In subsection (1) for “219(2), 220(2), 221(2)” substitute “ 219(1), 220(1), 221(1) ”.
3 In subsection (2) for “section 229(2) to (4)” substitute “ section 229(2) and (2A) ”.
4 In subsection (3) the words “to (4)” are omitted.
I30118
1 Section 228 (appeals where previous convictions set aside) is amended as follows.
2 For subsection (1) substitute—
I30219In section 237 (purposes of sentencing), in subsection (3)(b)—
a for “to 222” substitute “ , 221 ”, and
b for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.
I30320In section 256 (pre-sentence reports), in subsection (1)(c) for the words from “section” to the end substitute “ section 219(1), 220(1), 221(1) or 222(1) (sentences for dangerous offenders). ”
I30421In section 260 (discretionary custodial sentences: general restrictions), in subsection (1)(b) for the words from “as a result” to the end substitute “ under section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or as a result of any of sections 225 to 227 of this Act. ”
I30522In section 261 (length of discretionary custodial sentences: general provision)—
a in subsection (1) for “falling to be imposed as a result of section 219(2) or 221(2)” substitute “ imposed under section 225 or 226 of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) ”, and
b in subsection (3) for “required minimum sentences” substitute “ sentences that may or must be imposed ”.
I30623In section 273 (review of unduly lenient sentences by Court Martial Appeal Court), in subsection (6)(b) for “section 219, 220, 221, 222, 225, 226 or 227” substitute “ section 225(2) or 226(2) of the 2003 Act (as applied by section 219(2) or 221(2) of this Act) or by section 225, 226 or 227 of this Act ”.

Restrictions on imposing community punishment

F3424. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25In section 254(1) (savings for powers to mitigate sentence etc.) for “and 270” substitute “ , 270 and 270B ”.
26
I3071 Section 270 (community punishments: general restrictions etc.) is amended as follows.
I3072 After subsection (6) insert—
F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of sentence on reference by Attorney General

I30828In section 273 (reviews of unduly lenient sentencing by Court Martial Appeal Court) for subsection (7) substitute—

Compensation for miscarriages of justice

I30929
1 Section 276 (compensation for miscarriages of justice) is amended as follows.
2 In subsection (1) for “subsections (2) and (3)” substitute “ subsections (2) to (3A) ”.
3 At the end of subsection (3) insert
4 For subsection (6) substitute—
5 After subsection (7) insert—
I31030After section 276 insert—
I31131In section 373 (orders, regulations etc.) in subsection (3)(a), after “113,” insert “ 276A(7), ”.

Imposition of unpaid work requirement for breach of service community order or overseas service community order

I31232In paragraph 14(b) of Schedule 5 (modifications of Schedule 8 to the Criminal Justice Act 2003 as it applies to overseas community orders), for “(3)” substitute “ (3A) ”.

Suspended prison sentences: further conviction or breach of requirement

I31333In paragraph 9(1)(b) of Schedule 7 (which provides for paragraph 9 of Schedule 12 to the Criminal Justice Act 2003, as it applies to an order under paragraph 8 of that Schedule made by a service court, to have effect with substituted sub-paragraphs (2) and (3))—
a in the substituted text of sub-paragraph (2), after “Part 12” insert “ of this Act or under Part 2 of the Criminal Justice Act 1991 ”; and
b in the substituted text of sub-paragraph (3), after “287” insert “ of the Armed Forces Act 2006 ”.

Part 3  Transitional provisions

Transitional provisions: compensation for miscarriage of justice

I32034
1 Paragraph 29(3) has effect in relation to any application for compensation made in relation to—
a a conviction which is reversed, and
b a pardon which is given,
on or after the commencement date.
2 Paragraphs 29(4) and 30 have effect in relation to—
a any application for compensation made on or after the commencement date, and
b any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 276(4) of the 2006 Act.
3 Paragraph 29(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.
4 Paragraph 29(5) so has effect whether a conviction was quashed before, on or after the commencement date.
5 In the case of—
a a conviction which is reversed, or
b a pardon which is given,
before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.
6 But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
7 In this paragraph—
  • “the 2006 Act” means the Armed Forces Act 2006 (c. 52);
  • “application for compensation” means an application for compensation made under section 276(3) of the 2006 Act;
  • “the commencement date” means the date on which paragraphs 29 and 30 come into force;
  • “reversed” has the same meaning as in section 276(1) of the 2006 Act (as amended by paragraph 29(5)).

SCHEDULE 26 

Minor and consequential amendments

Section 148

Part 1  Fine defaulters

Magistrates' Courts Act 1980 (c. 43)

1In section 81(3) of the Magistrates' Courts Act 1980 (enforcement of fines imposed on young offenders) for paragraph (a) substitute—
.

Criminal Justice Act 2003 (c. 44)

2
I821 The Criminal Justice Act 2003 is amended as follows.
I822 In section 221(2) (provision of attendance centres) after paragraph (b) insert—
3 In section 300 (power to impose unpaid work requirement or curfew requirement on fine defaulter)—
a in subsection (1)—
i for “16” substitute “ 18 ”, and
ii omit paragraph (b), and
b in subsection (2), omit from “or, as the case may be” to “young offender)”.
I824 In Schedule 31 (modifications of community order provisions for purposes of default order) after paragraph 3 insert—
I825 In paragraph 4(5)(a) of that Schedule (modifications of community order provisions for purposes of default order) omit “, (5)”.
I826 In paragraph 5 of that Schedule, for “or 3” substitute “ , 3 or 3A ”.

Part 2  Other amendments

Prison Act 1952 (c. 52)

I883In section 43(1)(aa) of the Prison Act 1952 (provision by Secretary of State of young offender institutions), at the end insert “ or other persons who may be lawfully detained there ”.

Criminal Justice Act 1961 (c. 39)

I894In section 38(3)(c) of the Criminal Justice Act 1961 (construction of references to imprisonment or detention in case of children and young persons) after “in accordance with” insert “ a determination of the Secretary of State or of a person authorised by him, in accordance with arrangements made by the Secretary of State or in accordance with ”.

Children and Young Persons Act 1969 (c. 54)

F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)

I906In section 13A(3) of the Criminal Appeal (Northern Ireland) Act 1980 (grounds for allowing appeal against finding of unfitness to be tried), in paragraph (a) for “the finding” substitute “ a finding ”.

Wildlife and Countryside Act 1981 (c. 69)

I917In section 19XA(1) of the Wildlife and Countryside Act 1981 (constables' powers in connection with samples) for “by this section” substitute “ by section 19 ”.

Mental Health Act 1983 (c. 20)

I928In section 37 of the Mental Health Act 1983 (powers of court to order hospital admission or guardianship), in subsection (1A)(c) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.

Repatriation of Prisoners Act 1984 (c. 47)

9I10The Repatriation of Prisoners Act 1984 has effect subject to the following amendments.
I9310Before section 1 insert— “ Transfer of prisoners to or from the United Kingdom ”.
I9411
1 Section 1 (issue of warrant for transfer) is amended as follows.
2 In subsections (2) and (3) for “warrant under this Act” substitute “ warrant under this section ”.
3 In subsection (4)—
a for “warrant under this Act” (in both places) substitute “ warrant under this section ”;
b in paragraph (b) omit the words “under this Act”.
4 In subsection (5) (as it applies in cases in which the relevant Minister is the Scottish Ministers and in cases in which the relevant Minister is the Secretary of State) for “warrant under this Act” substitute “ warrant under this section ”.
5 In subsection (6) after “warrant” (in the first place it appears) insert “ under this section ”.
6 In subsection (7)(b) after “under” insert “ any of ”.
7 In subsection (8)—
a after “similar to” insert “ any of ”;
b after “respect to” insert
; and
c at the end insert
12
1I11 Section 2 (transfer out of the United Kingdom) is amended as follows.
I952 In subsection (1) after “warrant” insert “ under section 1 ”.
3 In subsection (4)—
I95a in paragraph (a) for “warrant under this Act” substitute “ warrant under section 1 ”; and
bI11 in paragraph (b)(i) (as it continues to have effect in relation to prisoners sentenced for offences committed before 4th April 2005) after “33(1)(b)” insert “ , (1A) ”.
I954 In subsection (7) for “warrant under this Act” substitute “ warrant under section 1 ”.
I9613
1 Section 3 (transfer into the United Kingdom) is amended as follows.
2 In subsection (1), after “a warrant” insert “ under section 1 ”.
3 In subsections (2), (4) and (6), for “warrant under this Act” substitute “ warrant under section 1 ”.
4 In subsection (7)—
a at the beginning insert “ Part 1 of ”; and
b for “warrant under this Act” substitute “ warrant under section 1 ”.
5 Subsection (10) is omitted.
I9714
1 Section 4 (temporary return) is amended as follows
2 In subsection (1)—
a for “warrant under this Act” substitute “ warrant under section 1 ”;
b in paragraph (a), after “Kingdom” (in the second place it appears) insert “ , or from which responsibility for his detention and release has previously been transferred to the United Kingdom, ”;
c in paragraph (b), after “transferred” insert “ , or to which responsibility for his detention and release has previously been transferred, ”.
3 In subsection (2)—
a for “a warrant under this Act” substitute “ a warrant under section 1 ”;
b for “earlier warrant under this Act” substitute “ earlier warrant under section 1 or section 4A ”.
4 In subsection (3)—
a for “issued under this Act” substitute “ issued under section 1 ”;
b after “an earlier warrant” insert “ under section 1 or section 4A ”.
5 In subsection (4) for “warrant under this Act” substitute “ warrant under section 1 ”.
6 After subsection (5) insert—
.
I9815Before section 5 (operation of warrant and retaking prisoners) insert— “ Supplementary and general provisions ”.
I9916
1 Section 5 (operation of warrant and retaking prisoners) is amended as follows.
2 In subsection (1)—
a for “under this Act” substitute “ under section 1 ”; and
b after “this section” insert “ (apart from subsection (9)) ”.
3 After subsection (8) insert—
I10017
1 Section 6 (revocation etc. of warrants) is amended as follows.
2 In subsection (1)—
a for “warrant under this Act” (in the first place they appear) substitute “ warrant under section 1 ”;
b in paragraph (b) for “this Act” substitute “ that section ”.
3 After subsection (1) insert—
4 In subsections (2) and (3) after “subsection (1)(b)” insert “ or (1A)(b) ”.
5 In subsection (5)(a), for the words from “where” to the end substitute
.
I10118
1 Section 8 is amended as follows.
2 In subsection (1) after the definition of “the prisoner” insert
3 In subsection (3)—
a in paragraph (a) after “section 1(1)(a)” insert “ or 4A(5)(a) ”;
b in paragraph (b) for “such a party” substitute “ a party to such international arrangements as are mentioned in section 1(1)(a) ”;
c after paragraph (b) (but before the “or” after that paragraph) insert—
.
19
1I12 The Schedule (operation of certain enactments in relation to the prisoner) is amended as follows.
I1022 For the cross-heading before paragraph 1 substitute— “ Part 1 Warrants under section 1 Application of Part 1 ”.
I1023 In paragraph 1—
a at the beginning insert “ This Part of ”;
b after “under” insert “ section 1 of ”; and
c after “; and in” insert “ this Part of ”.
F1674I12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F168I1025 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1026 After paragraph 8 insert—

Police and Criminal Evidence Act 1984 (c. 60)

I33020
1 In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions) in subsection (9) (meaning of caution)—
a after paragraph (a) (and before the word “and” immediately following it) insert—
; and
b in paragraph (b), for “of the Crime and Disorder Act 1998” substitute “ of that Act ”.
2 In section 63B of that Act (testing for presence of Class A drugs) in subsection (7) (disclosure of information obtained from drug samples) in paragraph (aa) after “Criminal Justice Act 2003” insert “ or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 ”.

Criminal Justice Act 1987 (c. 38)

I10421In section 1(17) of the Criminal Justice Act 1987 (application of Serious Fraud Office provisions to Northern Ireland), for “Attorney General for Northern Ireland” substitute “ Advocate General for Northern Ireland ”.

Criminal Justice Act 1988 (c. 33)

I10522The Criminal Justice Act 1988 has effect subject to the following amendments.
I10623In section 36 (reviews of sentencing), in subsection (2)(b)(iii) for “any of sections 225 to 228” substitute “ section 225(2) or 226(2) ”.
24In section 160(1) (offence of possession of indecent photographs of children) for “Subject to subsection (1A),” substitute “ Subject to section 160A, ”.

Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17))

25In article 15(5) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children) after “Article 2(2)” insert “ , (2A) ”.

Football Spectators Act 1989 (c. 37)

I10726In paragraph 1(c), (k) and (q) of Schedule 1 to the Football Spectators Act 1989 (offences)—
a for “Part III” substitute “ Part 3 or 3A ”; and
b for “(racial hatred)” substitute “ (hatred by reference to race etc) ”.

Criminal Justice (International Co-operation) Act 1990 (c. 5)

I10827In section 6(7) of the Criminal Justice (International Co-operation) Act 1990 (transfer of overseas prisoner to give evidence or assist investigation in the United Kingdom), for the words from “having been” to the end of paragraph (b) substitute
.

Broadcasting Act 1990 (c. 42)

I10928
1 Section 167 of the Broadcasting Act 1990 (power to make copies of recordings) is amended as follows.
2 In subsection (4)(b), after “section 24” insert “ or 29H ”.
3 In subsection (5)(b), after “section 22” insert “ or 29F ”.

Criminal Justice Act 1991 (c. 53)

29
1I13 The Criminal Justice Act 1991 is amended as follows.
F362I13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36I1673 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36I1674 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F365I13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1676 In paragraph 10(3)(d) of Schedule 3 (reciprocal enforcement of certain orders)—
a for “references in paragraph 3 to a day centre were references to” substitute “ in paragraph 3 “day centre” meant ”, and
b at the end insert “ or an attendance centre provided under section 221 of that Act ”.
I1677 Sub-paragraph (6) extends to England and Wales and Northern Ireland only.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

I11030In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland), after subsection (4) insert—

Crime (Sentences) Act 1997 (c. 43)

31I14The Crime (Sentences) Act 1997 has effect subject to the following amendments.
I11132
1 Schedule 1 (transfer of prisoners within the British Islands) is amended as follows.
2 In paragraph 8(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.
3 In paragraph 8(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.
4 Any reference in paragraph 8(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 (c. 44) in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) applies.
5 In paragraph 9(2)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.
6 In paragraph 9(4)(a) (as it continues to have effect in relation to prisoners serving sentences of imprisonment for offences committed before 4th April 2005), after “46” insert “ , 50A ”.
7 Any reference in paragraph 9(2)(a) or (4)(a) to section 39 of the 1991 Act is to be read as a reference to section 254(1) of the Criminal Justice Act 2003 in relation to any prisoner to whom paragraph 19 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 applies.
33
1I15 Schedule 2 (repatriation of prisoners to the British Islands) is amended as follows.
F1692 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1703 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1124 In paragraph 5 (which modifies paragraph 2 of the Schedule to the Repatriation of Prisoners Act 1984 (c. 47) in its application to certain descriptions of prisoner), after sub-paragraph (1)(b) insert—

Crime and Disorder Act 1998 (c. 37)

34
I3311 Section 38(4) of the Crime and Disorder Act 1998 (which defines “youth justice services” for the purposes of sections 38 to 41) is amended as follows.
I3312 After paragraph (a) insert—
.
I3323 After paragraph (b) insert—
.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

35The Youth Justice and Criminal Evidence Act 1999 has effect subject to the following amendments.
36
1 Section 35 (child complainants and other child witnesses) is amended as follows.
2 In subsection (3) (offences to which section applies), in paragraph (a)—
a before sub-paragraph (v) insert—
; and
b in sub-paragraph (vi), at end insert “ or any relevant superseded enactment ”.
3 After that subsection insert—
37
1 Section 62 (meaning of “sexual offence” and other references to offences) is amended as follows.
2 In subsection (1) at end insert “ or any relevant superseded offence ”.
3 After that subsection insert—
38The amendments made by paragraphs 36 and 37 are deemed to have had effect as from 1 May 2004.
39Where an order under section 61 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (application of Part 2 of Act to service courts) makes provision as regards the application of any provision of section 35 or 62 of that Act which is amended or inserted by paragraph 36 or 37, the order may have effect in relation to times before the making of the order.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

F10240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10241. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice and Court Services Act 2000 (c. 43)

50In section 1 of the Criminal Justice and Court Services Act 2000 (purposes of the Chapter)—
a in subsection (1A)(a) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and
b in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564) (N.I. 2)

I11351In Article 10 of the Life Sentences (Northern Ireland) Order 2001 (life prisoners transferred to Northern Ireland), after paragraph (5) insert—

Crime (International Co-operation) Act 2003 (c. 32)

I10352In section 48(2)(b) of the Crime (International Co-operation) Act 2003 (transfer of EU etc prisoner to assist UK investigation), for the words from “having been” to the end of paragraph (b) substitute

Sexual Offences Act 2003 (c. 42)

I11453The Sexual Offences Act 2003 has effect subject to the following amendments.
I32154
1 In section 83(6)(a) (notification requirements: initial notification) after “court” insert “ or kept in service custody ”.
2 This paragraph extends to England and Wales and Northern Ireland only.
I32255
1 In section 85(4)(a) (notification requirements: periodic notification) after “court” insert “ or kept in service custody ”.
2 This paragraph extends to England and Wales and Northern Ireland only.
56
I1151 Section 133 (interpretation) is amended as follows.
2 In subsection (1)—
I115a in paragraph (a) of the definition of “cautioned”, for “by a police officer” substitute “ (or, in Northern Ireland, cautioned by a police officer) ”;
I323b at the appropriate place insert—
.
I3233 After subsection (2) insert—
I1154 This paragraph extends to England and Wales and Northern Ireland only.
I11657
1 In section 138 (orders and regulations), at the end insert—
2 The amendment made by sub-paragraph (1), and the repeals in Part 4 of Schedule 28 of sections 86(4) and 87(6) of the Sexual Offences Act 2003 (which are consequential on that amendment), extend to England and Wales and Northern Ireland only.
I22458
1 Schedule 3 (sexual offences in respect of which offender becomes subject to notification requirements) is amended as follows.
2 After paragraph 35 insert—
3 After paragraph 92 insert—
4 In paragraphs 93(1) and 93A(1) (service offences) for “35” substitute “ 35A ”.
5 This paragraph extends to England and Wales and Northern Ireland only.

Criminal Justice Act 2003 (c. 44)

I83I252I45959The Criminal Justice Act 2003 has effect subject to the following amendments.
I253I46060
1 Section 23A (financial penalties) is amended as follows.
2 In subsection (5), for paragraphs (b) and (c) substitute—
3 In subsection (6), for “to the specified officer” substitute “ in accordance with the provision specified under subsection (5)(b). ”
4 After subsection (6) insert—
5 Omit subsections (7) to (9).
I25461After section 23A insert—
I255I46162In section 25 (codes of practice) in subsection (2) after paragraph (g) insert—
.
I13963In sections 88(3), 89(9) and 91(5) (days to be disregarded in calculating certain time periods relating to bail and custody under Part 10), before paragraph (a) insert—
.
F10364. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10365. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10366. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10367. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10368. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10369. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10370. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8471In section 264 (consecutive terms), in subsection (6)(a)(i) after “means” insert “ one-half of ”.
F14872. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8573In section 273 (life prisoners transferred to England and Wales), after subsection (4) insert—
I8674
1 Section 325 (arrangements for assessing etc risks posed by certain offenders) is amended as follows.
2 In subsection (8), for “section 326” substitute “ sections 326 and 327A ”.
3 After that subsection insert—
I8775In section 326(5)(a) (review of arrangements), for “and this section” substitute “ , this section and section 327A ”.
F3776. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
77In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, omit the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)

I11778In paragraph 14 of Schedule 2 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (saving from certain provisions of the Criminal Justice Act 2003 for sentences of imprisonment of less than 12 months), for “sections 244 to 268” substitute “ sections 244 to 264 and 266 to 268 ”.

Terrorism Act 2006 (c. 11)

I42079
1 Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows.
2 In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “ or nuclear facilities ”.
3 In paragraph 6(1), after “section 1(1)” insert “ (a) to (d) ”.
4 For paragraph 6(2) and (3) substitute—
5 After paragraph 6 insert—

Natural Environment and Rural Communities Act 2006 (c. 16)

I11880In paragraph 7 of Schedule 5 to the Natural Environment and Rural Communities Act 2006 (powers of wildlife inspectors extended to certain other Acts) after paragraph (d) insert—
.

Police and Justice Act 2006 (c. 48)

I11981
1 The Police and Justice Act 2006 is amended as follows.
2 In subsection (1) of section 49 (orders and regulations)—
a at the end of paragraph (a) insert “ or ”;
b omit paragraph (c) and the “or” preceding it.
3 In paragraph 30 of Schedule 1 (National Policing Improvement Agency: inspections) omit sub-paragraph (3).

Armed Forces Act 2006 (c. 52)

I32482
1 The Armed Forces Act 2006 has effect subject to the following amendments.
2 In paragraph 12(ah) of Schedule 2 (offences)—
a for “and 18 to 23” substitute “ , 18 to 23 and 29B to 29G ”, and
b for “racial or religious hatred” substitute “ hatred by reference to race etc ”.
3 In paragraph 1(2) of Schedule 5 (service community orders: general)—
a for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and
b after “21” insert “ , 25A ”.
4 In paragraph 10(2)(b) of Schedule 5 (overseas community orders: general)—
a for “12, 13, 15, 16(5), 17(5) and (6)” substitute “ 13, 16(5), 17(6) ”, and
b for “and 23(1)(a)(ii)” substitute “ , 23(1)(a)(ii) and 25A ”.

Offender Management Act 2007 (c. 21)

I45183In section 1 of the Offender Management Act 2007 (meaning of “the probation purposes”)—
a in subsection (1)(b) for “authorised persons to be given assistance in” substitute “ the giving of assistance to persons ”, and
b in subsection (4) for “ “authorised person” and “conditional caution” have” substitute “conditional caution” has ”.

SCHEDULE 27 

Transitory, transitional and saving provisions

Section 148

Part 1  Youth justice

Reparation orders

I4222
1 Sub-paragraph (2) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 108(1) to (5) of Schedule 4 (reparation orders: court before which offender to appear or be brought) come into force before the amendments of Schedule 8 to that Act made by paragraph 62 of that Schedule.
2 After paragraph 108(1) to (5) of Schedule 4 comes into force, and until paragraph 62 of that Schedule comes into force, paragraph 3 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
a in sub-paragraph (5)(a) and (c), for “the appropriate court” there were substituted “ a youth court ”, and
b in sub-paragraph (6), for “appropriate” there were substituted “ youth ”.
3 Sub-paragraph (4) applies if the amendments of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 (action plan orders and reparation orders) made by paragraph 62 of Schedule 4 come into force before the amendments of Schedule 8 to that Act made by paragraph 108(1) to (5) of that Schedule (reparation orders: court before which offender to appear or be brought).
4 After paragraph 62 of Schedule 4 comes into force, and until paragraph 108(1) to (5) of that Schedule comes into force, paragraph 1 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000 has effect as if—
a for “an action plan order or” there were substituted “ a ”, and
b the words “69(8) or, as the case may be,” were omitted.

Making of youth rehabilitation orders: other existing orders

I4233In paragraph 29(3)(c) of Schedule 1 (requirements not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (c. 44) (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Instructions: other existing orders

I4244In section 5(3)(c) (instructions not to conflict with other obligations), the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Fine default: section 35 of the Crime (Sentences) Act 1997

I4255The amendments, repeals and revocations in section 6, Schedule 4 and Part 1 of Schedule 28 of provisions which are necessary to give effect to section 35 of the Crime (Sentences) Act 1997 (c. 43) (fine defaulters) do not have effect in relation to a sum ordered to be paid where—
a the sum is treated as adjudged to be paid on conviction, and
b the act or omission to which the sum relates occurred, or the order was made, before the commencement of those repeals and amendments.

Restrictions on imposing community sentences

I120I4266In subsection (5) of section 148 of the Criminal Justice Act 2003 (restrictions on imposing community sentences), as inserted by section 10 of this Act, the reference to a youth rehabilitation order is to be read as including a reference to any youth community order within the meaning of section 147(2) of the Criminal Justice Act 2003 (as it has effect immediately before the commencement of paragraph 72 of Schedule 4 to this Act).

Attendance centre rules

I4277The reference in paragraph 1(2)(a)(ii) of Schedule 2 to rules made under subsection (1)(d) or (e) of section 222 of the Criminal Justice Act 2003 includes a reference to rules made, or having effect as if made, before the coming into force of that section under section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (provision, regulation and management of attendance centres).

Part 2  Sentencing

Release and recall of prisoners

F388. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I12110The amendments made by subsections (3) and (5) of section 28 do not apply in relation to any person who is released on licence under section 36(1) of the Criminal Justice Act 1991 before the commencement of section 28.
I12211In section 255A and 255C of the Criminal Justice Act 2003 (which are inserted by section 29) “specified offence prisoner” is to be read as including a prisoner serving a determinate sentence by virtue of having been transferred to the United Kingdom in pursuance of a warrant under section 1 of the Repatriation of Prisoners Act 1984 if—
a the warrant was issued before the commencement of section 29; and
b the offence or one of the offences for which the prisoner is serving that sentence corresponds to murder or to any offence specified in Schedule 15 to the Criminal Justice Act 2003.
I12312The amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under section 254(1) of the Criminal Justice Act 2003 on or after the commencement of section 32 but it is immaterial when the person was released on licence under Part 2 of the Criminal Justice Act 1991.

Fine defaulters

13
1 Section 39 and Schedule 7 do not apply—
a in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or
b where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.
I1242 Section 40 and paragraph 2(4) and (6) of Schedule 26 do not apply—
a in relation to a sum adjudged to be paid by a conviction if the offence was committed before the commencement of that section, or
b where a sum ordered to be paid is treated as adjudged to be paid by a conviction, if the act or omission to which the sum relates occurred, or the order was made, before the commencement of that section.

Part 3  Appeals

Appeals against conviction etc.

I12514The amendment made by section 42 applies in relation to an appeal under Part 1 of the Criminal Appeal Act 1968 (c. 19) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.
I12615The amendment made by section 43 applies in relation to an appeal under Part 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47) if the reference by the Criminal Cases Review Commission is made on or after the date on which that section comes into force.

Prosecution appeals

I12716
1 The amendment made by section 44 applies in relation to an appeal under Part 9 of the Criminal Justice Act 2003 (c. 44) if the proceedings on appeal begin on or after the date on which that section comes into force.
2 For the purposes of this paragraph, the proceedings on appeal begin—
a if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is served on the Crown Court officer or, in the case of an oral application, on the date the application is made, or
b if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the Crown Court officer.
3 In this paragraph, references to service on the Crown Court officer are to be read in accordance with the Criminal Procedure Rules 2005 (S.I.2005/384).
I12817
1 The amendment made by section 45 applies in relation to an appeal under Part IV of the Criminal Justice (Northern Ireland) Order 2004 (S.I. 2004/1500 (N.I.9)) if the proceedings on appeal begin on after the date on which that section comes into force.
2 For the purposes of this paragraph, the proceedings on appeal begin—
a if the prosecution appeals with leave of the Crown Court judge, on the date the application for leave is made,
b if the prosecution appeals with leave of the Court of Appeal, on the date the application for leave is served on the proper officer, or
c if leave to appeal is not required, on the date the prosecution informs the Crown Court judge that it intends to appeal.
3 In this paragraph, “the proper officer” has the same meaning as in the Criminal Appeal (Prosecution Appeals) Rules (Northern Ireland) 2005 (S.R (N.I.) 2005/159).

Part 4  Other criminal justice provisions

Alternatives to prosecution for offenders under 18

I33318The amendments made by Schedule 9 do not apply in relation to offences committed before the commencement of section 48.

Protection for spent cautions under Rehabilitation of Offenders Act 1974

I20719
1 Subject to the following provisions of this paragraph, the Rehabilitation of Offenders Act 1974 (c. 53) (as amended by Schedule 10 to this Act) applies to cautions given before the commencement date as it applies to cautions given on or after that date.
2 A caution given before the commencement date shall be regarded as a spent caution at a time determined in accordance with sub-paragraphs (3) to (8).
3 A caution other than a conditional caution (as defined in section 8A(2)(a) of the 1974 Act) shall be regarded as a spent caution on the commencement date.
4 If the period of three months from the date on which a conditional caution was given ends on or before the commencement date, the caution shall be regarded as a spent caution on the commencement date unless sub-paragraph (7) applies.
5 If the period of three months from the date on which a conditional caution was given ends after the commencement date, the caution shall be regarded as a spent caution at the end of that period of three months unless sub-paragraph (7) applies.
6 Sub-paragraph (7) applies if—
a before the date on which the caution would be regarded as a spent caution in accordance with sub-paragraph (4) or (5) (“the relevant date”), the person concerned is convicted of the offence in respect of which the caution was given, and
b the rehabilitation period for the offence ends after the relevant date.
7 The caution shall be regarded as a spent caution at the end of the rehabilitation period for the offence.
8 If, on or after the date on which the caution becomes regarded as a spent caution in accordance with sub-paragraph (4) or (5), the person concerned is convicted of the offence in respect of which the caution was given—
a the caution shall be treated for the purposes of Schedule 2 to the 1974 Act as not having become spent in relation to any period before the end of the rehabilitation period for the offence, and
b the caution shall be regarded as a spent caution at the end of that rehabilitation period.
9 In this paragraph, “the commencement date” means the date on which section 49 comes into force.
I20820In the application of subsection (7) of section 9A of the Rehabilitation of Offenders Act 1974 (as inserted by paragraph 4 of Schedule 10) to offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), the reference to 51 weeks is to be read as a reference to 6 months.

Extension of powers of non-legal staff

I12921A designation made under section 7A of the Prosecution of Offences Act 1985 (c. 23) (powers of non-legal staff) which has effect immediately before the date on which section 55 comes into force continues to have effect on and after that date as if made under section 7A as amended by that section.

Compensation for miscarriages of justice

I19722
1 Section 61(3) has effect in relation to any application for compensation made in relation to—
a a conviction which is reversed, and
b a pardon which is given,
on or after the commencement date.
2 Section 61(4), (6) and (7) have effect in relation to—
a any application for compensation made on or after the commencement date, and
b any application for compensation made before that date in relation to which the question whether there is a right to compensation has not been determined before that date by the Secretary of State under section 133(3) of the 1988 Act.
3 Section 61(5) has effect in relation to any conviction quashed on an appeal out of time in respect of which an application for compensation has not been made before the commencement date.
4 Section 61(5) so has effect whether a conviction was quashed before, on or after the commencement date.
5 In the case of—
a a conviction which is reversed, or
b a pardon which is given,
before the commencement date but in relation to which an application for compensation has not been made before that date, any such application must be made before the end of the period of 2 years beginning with that date.
6 But the Secretary of State may direct that an application for compensation in relation to a case falling within sub-paragraph (5) which is made after the end of that period is to be treated as if it had been made before the end of that period if the Secretary of State considers that there are exceptional circumstances which justify doing so.
7 In this paragraph—
  • “the 1988 Act” means the Criminal Justice Act 1988 (c. 33);
  • “application for compensation” means an application for compensation made under section 133(2) of the 1988 Act;
  • “the commencement date” means the date on which section 61 comes into force;
  • “reversed” has the same meaning as in section 133 of the 1988 Act (as amended by section 61(5)).

Part 5  Criminal law

Penalties for possession of extreme pornographic images

I22523In section 67(4)(a) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.

Indecent photographs of children

24
1 Section 69(3) applies in relation to things done as mentioned in—
a section 1(1) of the Protection of Children Act 1978 (c. 37) (offences relating to indecent photographs of children), or
b section 160(1) of the Criminal Justice Act 1988 (c. 33) (offence of possession of indecent photographs of children),
after the commencement of section 69.
2 Section 70(3) applies in relation to things done as mentioned in—
a Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (offences relating to indecent photographs of children), or
b Article 15(1) of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17)) (offence of possession of indecent photographs of children),
after the commencement of section 70.

Maximum penalty for publication etc. of obscene articles

I22625Section 71 does not apply to offences committed before the commencement of that section.

Offences relating to nuclear material and nuclear facilities

I42826The new section 2 inserted into the Nuclear Material (Offences) Act 1983 (c. 18) by paragraph 4 of Schedule 17 and the repeal in Part 5 of Schedule 28 of section 14 of the Terrorism Act 2006 (c. 11) do not apply in relation to anything done before the date on which Schedule 17 comes into force.

Reasonable force for purposes of self-defence etc.

I13027
1 Section 76 applies whether the alleged offence took place before, or on or after, the date on which that section comes into force.
2 But that section does not apply in relation to—
a any trial on indictment where the arraignment took place before that date, or
b any summary trial which began before that date,
or in relation to any proceedings in respect of any trial within paragraph (a) or (b).
3 Where the alleged offence is a service offence, that section similarly does not apply in relation to—
a any proceedings before a court where the arraignment took place before that date, or
b any summary proceedings which began before that date,
or in relation to any proceedings in respect of any proceedings within paragraph (a) or (b).
4 For the purposes of sub-paragraph (3) summary proceedings are to be regarded as beginning when the hearing of the charge, or (as the case may be) the summary trial of the charge, begins.
5 In this paragraph—
  • “service offence” means—
    1. any offence against any provision of Part 2 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18), Part 2 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or Part 1 of the Naval Discipline Act 1957 (c. 53); or
    2. any offence under Part 1 of the Armed Forces Act 2006 (c. 52);
  • “summary proceedings” means summary proceedings conducted by a commanding officer or appropriate superior authority.

Unlawfully obtaining etc. personal data: defences

28The amendment made by section 78 does not apply in relation to an offence committed before the commencement of that section.

Part 6  International co-operation in relation to criminal justice matters

Mutual recognition of financial penalties

F15629. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repatriation of prisoners

I13130The amendment made by section 93 does not apply to warrants under section 1 of the Repatriation of Prisoners Act 1984 issued before the commencement of that section.

Part 7  Violent offender orders

Penalties for offences

I27831 In section 113(7)(c) the reference to the general limit in a magistrates’ court is to be read as a reference to 6 months in relation to an offence committed before 2 May 2022.

Service custody and detention

I27932
1 In relation to any time before the commencement of section 105(2) of the Armed Forces Act 2006 (c. 52)—
a the definition of “kept in service custody” in section 117(1) of this Act does not apply; and
b any reference in Part 7 to being kept in service custody is to be read as a reference to being kept in military, air-force or naval custody by virtue of an order made under section 75A(2) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or section 47G(2) of the Naval Discipline Act 1957 (c. 53) (as the case may be).
2 In relation to any time before the commencement of the definition of “service detention” in section 374 of the Armed Forces Act 2006—
a the definition of “service detention” in section 117(1) of this Act does not apply; and
b any reference in Part 7 to service detention is to be read as a reference to detention under section 71(1)(e) of the Army Act 1955 or of the Air Force Act 1955 or section 43(1)(e) of the Naval Discipline Act 1957.

Part 8  Anti-social behaviour

Review of anti-social behaviour orders etc.

I23433
1 The amendments made by section 123 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.
2 In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Individual support orders

I23534
1 The amendments made by section 124 do not apply in relation to an anti-social behaviour order, or a section 1B or 1C order, made more than 9 months before the day on which that section comes into force, unless the order has been varied by a further order made no more than 9 months before that day.
2 In sub-paragraph (1) “section 1B or 1C order” means an order under section 1B or section 1C of the Crime and Disorder Act 1998 (c. 37).

Part 9  Police

Police misconduct and performance procedures

35
I1981 This paragraph applies if paragraphs 7, 8(3), 15 and 16 of Schedule 22 come into force before the relevant provisions of the Legal Services Act 2007 (c. 29) come into force.
2 Until the relevant provisions of the Legal Services Act 2007 come into force—
I198a section 84 of the Police Act 1996 (c. 16) (as substituted by paragraph 7 of that Schedule and as referred to in the subsection (4) of section 85 of that Act substituted by paragraph 8(3) of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—
; and
I429b section 4 of the Ministry of Defence Police Act 1987 (c. 4) (as substituted by paragraph 15 of that Schedule and as referred to in subsection (7) of the section 4A of that Act substituted by paragraph 16 of that Schedule) has effect as if, in subsection (4), for the definition of “relevant lawyer” there were substituted—
.
I1983 In this paragraph “the relevant provisions of the Legal Services Act 2007” means the provisions of that Act which provide, for the purposes of that Act, for a person to be an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act).

Part 10  Special immigration status

Conditions on designated persons

36In the application of section 133 to England and Wales in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in section 133(6)(b) to 51 weeks is to be read as a reference to six months.

Part 11  Miscellaneous

Persistent sales of tobacco to persons under 18

I24237The new sections 12A and 12B inserted into the Children and Young Persons Act 1933 (c. 12) by section 143 do not apply where any of the offences mentioned in those new sections were committed before the commencement of that section.

Sexual offences

I13238The amendment made by sub-paragraph (1) of paragraph 57 of Schedule 26 is not to be read as affecting the validity of any supplementary, incidental, consequential, transitional, transitory or saving provisions included in orders or regulations made by the Secretary of State under the Sexual Offences Act 2003 (c. 42) before the commencement of that sub-paragraph.

SCHEDULE 28 

Repeals and revocations

Section 149

I430Part 1 Youth rehabilitation orders

TitleExtent of repeal or revocation
Children and Young Persons Act 1933 (c. 12)

In section 34(7), the words “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 or”.

In section 49—
  1. in subsection (4A), paragraph (d) (but not the word “and” immediately following it);
  2. in subsection (13)(c), sub-paragraph (i) together with the word “and” immediately following it.

Social Work (Scotland) Act 1968 (c. 49)In section 94(1), in the definition of “supervision order”, the words “the Powers of Criminal Courts (Sentencing) Act 2000 or”.
Children and Young Persons Act 1969 (c. 54)

Section 25.

In section 70(1), the definition of “supervision order”.

Northern Ireland (Modification of Enactments — No. 1) Order 1973 (S.I. 1973/2163)In Schedule 1, the entry relating to section 25(2) of the Children and Young Persons Act 1969.
Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 (S.R. & O. 1973 No. 256)In Schedule 2, the entry relating to section 25 of the Children and Young Persons Act 1969.
Bail Act 1976 (c. 63)In section 4(3), the words “to be dealt with”.
Magistrates' Courts Act 1980 (c. 43)In Schedule 6A, the entries relating to Schedules 3, 5 and 7 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).
Contempt of Court Act 1981 (c. 49)In section 14, the subsection (2A) inserted by the Criminal Justice Act 1982 (c. 48).
Criminal Justice Act 1982 (c. 48)

In Schedule 13—
  1. in paragraph 7(2)(b), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”;
  2. in paragraph 7(3)(b), the words “within the meaning of Part 12 of the Criminal Justice Act 2003”;
  3. in paragraph 9(3)(a), the words “under section 177 of the Criminal Justice Act 2003”;
  4. in paragraph 9(4)(a), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”;
  5. in paragraph 9(5), the words “(within the meaning of the Part 12 of the Criminal Justice Act 2003)”;
  6. in paragraph 9(6), the words “(within the meaning of Part 12 of the Criminal Justice Act 2003)”.

In Schedule 14, paragraph 60.

Mental Health Act 1983 (c. 20)In section 37(8)(c), the words “a supervision order (within the meaning of that Act) or”.
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)In Schedule 2, paragraphs 15(b) and 16.
Children Act 1989 (c. 41)

In section 21(2)(c), in sub-paragraph (i), the words “paragraph 7(5) of Schedule 7 to the Powers of Criminal Courts (Sentencing) Act 2000 or” and the word “or” at the end of that sub-paragraph.

In section 105(6), in paragraph (b), the words from “or an” to the end of that paragraph.

In Schedule 13, paragraph 35(3).

Criminal Justice Act 1991 (c. 53)

In paragraph 11 of Schedule 3—
  1. in sub-paragraph (2)(a), the words “under section 177 of the Criminal Justice Act 2003”;
  2. in sub-paragraph (4), the words “under section 177 of the Criminal Justice Act 2003”.

In Schedule 11, paragraph 3.

Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 (S.I. 1991/ 2032)

In regulation 8(1)—
  1. sub-paragraph (a)(ii);
  2. sub-paragraph (b)(i), (ii), (iv) and (v);
  3. sub-paragraph (c)(ii) and (iii).

Prisoners (Return to Custody) Act 1995 (c. 16)Section 2(2).
Children (Northern Ireland Consequential Amendments) Order 1995 (S.I. 1995/ 756)Article 7(2) and (3).
Crime and Disorder Act 1998 (c. 37)

In section 38(4)—
  1. paragraph (g);
  2. in paragraph (h), the words “or a supervision order”.

In Schedule 8, paragraph 13(1).

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Chapters 1, 2, 4 and 5 of Part 4.

In section 74(3)(a), the words “or with the requirements of any community order or any youth community order to which he may be subject”.

In section 75, the words “action plan orders and” and “so far as relating to reparation orders”.

In section 137(2)—
  1. paragraphs (a) to (c);
  2. in paragraph (d), the words “action plan order or”.

In section 159, the words “paragraph 3(1), 10(6) or 18(1) of Schedule 3 to this Act,”, “paragraph 1(1) of Schedule 5 to this Act,” and “paragraph 7(2) of Schedule 7 to this Act, or”.

In section 160—
  1. F5...
  2. in subsection (3)(a), “40(2)(a)”;
  3. F5...

In section 163, the definitions of—
  1. “action plan order”;
  2. “affected person”;
  3. “attendance centre”;
  4. “attendance centre order”;
  5. “community sentence”;
  6. “curfew order”;
  7. “exclusion order”;
  8. “supervision order”;
  9. “supervisor”;
  10. “youth community order”;

and paragraphs (a), (aa) and (f) of the definition of “responsible officer”.

Schedules 3 and 5 to 7.

In Schedule 8—
  1. in the heading, the words “action plan orders and”;
  2. paragraph 1 and the heading preceding that paragraph;
  3. in the cross-heading before paragraph 2, the words “action plan order or”;
  4. in paragraph 2—
    1. in sub-paragraph (2), in paragraph (a), sub-paragraphs (ii) and (iii) and in paragraphs (b) and (c) the words “action plan order or”;
    2. in sub-paragraphs (5) and (7), the words “action plan order or”;
    3. in sub-paragraph (8), the words “or action plan order” in both places;
  5. paragraphs 3 and 4;
  6. in the cross-heading before paragraph 5, the words “action plan order or”;
  7. in paragraph 5(1)(a), the words “action plan order or”;
  8. in paragraph 6(9)(a), (b) and (c), the words “action plan order or”.

In Schedule 9, paragraphs 1, 2(2), (3)(a) and (4), 28(2), 33, 34(b), 39, 41, 42, 49, 80, 93(a), 126(b), 127, 129, 131 and 132.

In Schedule 10, paragraphs 4 to 6 and 12 to 15.

In Schedule 11, paragraphs 4(1)(a), (2) and (3) and 5.

Care Standards Act 2000 (c. 14)In Schedule 4, paragraph 28(3).
Criminal Justice and Court Services Act 2000 (c. 43)

Section 46.

Section 52.

Section 70(5).

In Schedule 7—
  1. in paragraph 4(2), in the entry relating to the Powers of Criminal Courts (Sentencing) Act 2000, the entries beginning “sections 63(1)(b)” and “in section 69”;
  2. paragraphs 37(b), 69, 163, 164, 174, 175 and 192;
  3. in paragraph 196, paragraphs (a), (b), (c)(i) and (iii) and (d);
  4. in paragraph 197—
    1. paragraph (a);
    2. paragraph (d);
    3. in paragraph (f), the definitions of “affected person” and “exclusion order”;
    4. paragraph (g)(i);
  5. paragraphs 201, 202(2) and 204.

Anti-social Behaviour Act 2003 (c. 38)

Section 88.

Schedule 2.

Criminal Justice Act 2003 (c. 44)

In section 147, subsections (1)(b) and (2).

In section 148—
  1. in subsection (2), the words “which consists of or includes a community order”;
  2. subsection (3).

In section 156(2), “or (3)(a)”.

In section 161—
  1. in subsection (1), the words “aged 14 or over”;
  2. subsection (7).

In section 176, the definition of “youth community order”.

In section 197(1)(b), the words “the offender is aged 18 or over and”.

Section 199(4).

Section 211(5).

In section 221(2), paragraph (b) together with the word “or” immediately preceding it.

Section 279.

In section 330(5)(a), the entry relating to section 161(7).

In Schedule 8, paragraphs 12, 15 and 17(5).

Schedule 24.

In Schedule 32, paragraphs 2(2), 8(2)(a), 14, 64(3)(a)(ii), 70(5)(a) and (7), 73, 89(2), 95 to 105, 106(2), 107, 122, 123(3), (5) and (8), 125, 127, 128, 129, 131(3) and 138.

I133I168I246I325I449Part 2 Sentencing

TitleExtent of repeal or revocation
Criminal Justice Act 1991 (c. 53)

In section 45—
  1. in subsection (3), subsection (2) of the substituted text, and
  2. subsection (4).

Section 46(1).

In section 46A—
  1. in subsection (1), the words “Subject to subsection (2) below,”;
  2. subsection (2);
  3. subsection (8).

In section 50(2), the words from “but nothing” to the end.

Crime (Sentences) Act 1997 (c. 43)

In section 31(1), “(1) or (2)”.

In Schedule 5, in paragraph 7, the words “the corresponding subsection of”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 17—
  1. in subsection (1), paragraph (c) together with the word “and” immediately preceding it;
  2. subsection (5).

Section 92(3).

Criminal Justice Act 2003 (c. 44)

In section 142(2)(a), the words “at the time of conviction”.

In section 153(1), the words “falling to be”.

In section 224(3), the definition of “relevant offence”.

In section 227(1)(a), the words “, other than a serious offence,”.

In section 228—
  1. in subsection (1)(b)(ii), the words from “or by section 226(3)” to the end, and
  2. subsection (3)(a) and the word “and” immediately following it.

In section 229—
  1. in subsection (2) the words from the beginning to “18”, and
  2. subsections (3) and (4).

Sections 233 and 234.

In section 247—
  1. in subsection (2), the word “and” (at the end of paragraph (a)) and paragraph (b), and
  2. subsections (3), (4), (5) and (6).

Section 254(3) to (5).

In section 256—
  1. in subsection (2), the words “or (b)”;
  2. subsections (3) and (5).

In section 260—
  1. subsections (3) and (3A);
  2. in subsection (6), in paragraph (a), the words “or (3)(e)” and paragraph (b).

In section 264A(3), the words from “and none” to the end.

In section 300—
  1. in subsection (1), paragraph (b) together with the word “or” immediately preceding it;
  2. in subsection (2)—
    1. the words from “or, as the case may be” to “young offender)”;
    2. the word “or” at the end of paragraph (a).

Section 305(4)(e).

Schedules 16 and 17.

In Schedule 31, in paragraph 4(5)(a), “, (5)”.

Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605)Regulation 2(2) and (3).
Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950Paragraph 30 of Schedule 2.
Armed Forces Act 2006 (c. 52)

In section 221—
  1. in subsection (3)(a) and (b) the words “in section 226(2)”, and
  2. subsection (4).

In section 223(3), the words “to (4)”.

In section 270—
  1. subsection (7), and
  2. in subsection (8), the word “Accordingly”.

In Schedule 16, paragraphs 218 and 225.

I134Part 3 Appeals

TitleExtent of repeal
Criminal Appeal Act 1968 (c. 19)

In section 4(2), the words “for the offence of which he remains convicted on that count”.

In section 6—
  1. subsection (5);
  2. in subsection (7), the definition of interim hospital order.

Section 11(6).

In section 14—
  1. subsection (5);
  2. in subsection (7), the definition of interim hospital order.

Section 16B(3).

In section 31, in the heading, the words “under Part 1”.

Section 31C(1) and (2).

Courts-Martial (Appeals) Act 1968 (c. 20)

Section 16(5).

Section 25B(3).

Section 36C(1) and (2).

In section 43(1A), the word “or” at the end of paragraph (a).

Judicature (Northern Ireland) Act 1978 (c. 23)

In section 49—
  1. in subsection (2), the words from “or, where subsection (3) applies” to the end;
  2. subsection (3).

Criminal Appeal (Northern Ireland) Act 1980 (c. 47)Section 10(6).
Mental Health Act 1983 (c. 20)In Schedule 4, paragraph 23(d)(ii).
Criminal Justice Act 1988 (c. 33)In section 36(9), the word “and” at the end of paragraph (ab).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 155—
  1. in subsection (1), the words from “or, where subsection (2) below applies” to the end;
  2. subsections (2) and (3).

Criminal Justice Act 2003 (c. 44)Section 272(1).

I135I169I256I462I7Part 4 Other criminal justice provisions

TitleExtent of repeal
Children and Young Persons Act 1969 (c. 54)Section 23AA(4)(a).
Bail Act 1976 (c. 63)Section 3AA(6) to (10) and (12).
Magistrates' Courts Act 1980 (c. 43)

Section 13(5).

Section 24(1B).

Prosecution of Offences Act 1985 (c. 23)Section 7A(6).
Criminal Justice (Terrorism and Conspiracy) Act 1998 (c. 40)Section 8.
Access to Justice Act 1999 (c. 22)Section 17A(5).
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

In section 3—
  1. in subsection (2), paragraph (b) and the word “or” immediately preceding it;
  2. in subsection (5), in paragraph (b), the words “paragraph (b) and”.

Sexual Offences Act 2003 (c. 42)

Section 86(4).

Section 87(6).

Criminal Justice Act 2003 (c. 44)

Section 23A(7) to (9).

In Schedule 3, paragraphs 13, 22 and 57(2).

In Schedule 36, paragraph 50.

In Part 4 of Schedule 37, in the entry relating to the Magistrates' Courts Act 1980, in the second column, the words “In section 33(1), paragraph (b) and the word “and” immediately preceding it”.

I136I431I8Part 5 Criminal law

TitleExtent of repeal
Criminal Libel Act 1819 (60 Geo. 3 & 1 Geo. 4 c. 8)In section 1, the words “any blasphemous libel, or”.
Law of Libel Amendment Act 1888 (c. 64)

In section 3, the words “blasphemous or”.

In section 4, the words “blasphemous or”.

Nuclear Material (Offences) Act 1983 (c. 18)

Section 1(2).

In section 6(1), the words “in this Act”.

Public Order Act 1986 (c. 64)

Section 29B(3).

In section 29H—
  1. in subsection (1), the words “in England and Wales”;
  2. subsection (2).

In section 29I—
  1. in subsection (2)(a), the words “in the case of an order made in proceedings in England and Wales,”;
  2. subsections (2)(b) and (4).

In section 29L(1) and (2), the words “in England and Wales”.

Sexual Offences Act 2003 (c. 42)In Schedule 2, in paragraph 1(d), the words “in relation to a photograph or pseudo-photograph showing a child under 16”.
Terrorism Act 2006 (c. 11)Section 14.

I137Part 6 International co-operation in relation to criminal justice matters

TitleExtent of repeal
Commissioners for Revenue and Customs Act 2005 (c. 11)In Schedule 2, paragraph 14.
Repatriation of Prisoners Act 1984 (c. 47)

In section 1(4)(b) the words “under this Act”.

Section 3(10).

In section 8(1) the word “and” after the definition of “order”.

Police and Justice Act 2006 (c. 48)Section 44(4).

I243Part 7 Anti-social behaviour

TitleExtent of repeal
Police and Justice Act 2006 (c. 48)In Schedule 14, paragraph 55(5).

I138I199Part 8 Policing

TitleExtent of repeal
Police Act 1996 (c. 16)

In section 50(4), the words “, subject to subsection (3)(b),”.

In section 54(2), the words “and the Central Police Training and Development Authority”.

In section 97—
  1. in subsection (6), in each of paragraphs (b) and (c), the words “or is required to resign as an alternative to dismissal”;
  2. in subsection (7), the words “, or required to resign as an alternative to dismissal,”.

In Schedule 6, paragraph 6.

Greater London Authority Act 1999 (c. 29)In Schedule 27, paragraphs 95 and 107.
Criminal Justice and Police Act 2001 (c. 16)

In section 125—
  1. subsections (3) and (4);
  2. in subsection (5), paragraph (b), together with the word “and” immediately preceding it.

Police Reform Act 2002 (c. 30)

In Schedule 3—
  1. paragraphs 20A(8), 20B(5) and 20E(5);
  2. paragraph 20G together with the cross heading immediately preceding it;
  3. in paragraphs 21A(5) and 24B(2), the words from “(and the other provisions” to the end;
  4. paragraph 22(1)(c) (together with the word “or” immediately preceding it);
  5. in paragraph 25, the word “and” immediately after each of sub-paragraphs (2)(b), (3)(b) and (5)(b).

Railways and Transport Safety Act 2003 (c. 20)Section 43.
Police and Justice Act 2006 (c. 48)

In section 49(1), paragraph (c) together with the word “or” immediately preceding it.

In Schedule 1, paragraph 30(3).

In Schedule 2, paragraph 19.

Legal Services Act 2007 (c. 29)In Schedule 21, paragraphs 73 and 119.

Footnotes

  1. I1
    S. 73 partly in force; s. 73 not in force at Royal Assent; s. 73 in force for certain purposes at 8.7.2008, see s. 153(2)(e)(3)
  2. I2
    S. 74 partly in force at Royal Assent, see s. 153(1)(j)(3)
  3. I3
    S. 138 partly in force; s. 138(1)-(4) in force at Royal Assent, see s. 153(1)(d)
  4. I4
    S. 148(1) in force at Royal Assent for specified purposes, see s. 153(1)(a)(k)(3) and in force for further specified purposes at 8.7.2008, see s. 153(2)(b)(c)(3); s. 148(2) in force for specified purposes at 8.7.2008, see s. 153(2)(f)(3); s. 148(3)-(7) in force at Royal Assent, see s. 153(1)(f)
  5. I5
    S. 149 partly in force; s. 149 in force for specified purposes at Royal Assent, see s. 153(1)(a)(j)(3) and in force for certain further purposes at 8.7.2008, see s. 153(2)(a)(d)(3)
  6. I6
    Sch. 16 para. 6(3) in force at Royal Assent, see s. 153(1)(j)
  7. I7
    Sch. 28 Pt. 4 partly in force; Sch. 28 Pt. 4 partly in force at Royal Assent, see s. 153(1)(a) and further in force for certain purposes at 8.7.2008, see s. 153(2)(a)
  8. I8
    Sch. 28 Pt. 5 partly in force at Royal Assent, see s. 153(1)(j) and further in force for certain purposes at 8.7.2008, see s. 153(2)(d)
  9. I9
    S. 148(1)(2) in force at 9.6.2008 for specified purposes by S.I. 2008/1466, art. 2(b)
  10. I10
    Sch. 26 para. 9 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)
  11. I11
    Sch. 26 para. 12(1)(3)(b) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i)
  12. I12
    Sch. 26 para. 19(1)(4) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(i) (with art. 4)
  13. I13
    Sch. 26 para. 29(1)(2)(5) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(ii)
  14. I14
    Sch. 26 para. 31 in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)
  15. I15
    Sch. 26 para. 33(1)-(3) in force at 9.6.2008 by S.I. 2008/1466, art. 2(c)(iii)
  16. I16
    S. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 11
  17. I17
    S. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 12 (with savings in Sch. 2 para. 2)
  18. I18
    S. 29 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 15 (with Sch. 2 para. 3)
  19. I19
    S. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 16 (with Sch. 2 para. 3)
  20. I20
    S. 31 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 17
  21. I21
    S. 40 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 20
  22. I22
    S. 42 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 21
  23. I23
    S. 43 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 22
  24. I24
    S. 44 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 23
  25. I25
    S. 45 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 24
  26. I26
    S. 46(1)(3) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 25
  27. I27
    S. 47 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  28. I28
    Sch. 8 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  29. I29
    Sch. 8 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  30. I30
    Sch. 8 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  31. I31
    Sch. 8 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  32. I32
    Sch. 8 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  33. I33
    Sch. 8 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 4)
  34. I34
    Sch. 8 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)
  35. I35
    Sch. 8 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)
  36. I36
    Sch. 8 para. 9 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 5)
  37. I37
    Sch. 8 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  38. I38
    Sch. 8 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  39. I39
    Sch. 8 para. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 6)
  40. I40
    Sch. 8 para. 13 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 714)
  41. I41
    Sch. 8 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  42. I42
    Sch. 8 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  43. I43
    Sch. 8 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  44. I44
    Sch. 8 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  45. I45
    Sch. 8 para. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 8)
  46. I46
    Sch. 8 para. 19 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)
  47. I47
    Sch. 8 para. 20 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)
  48. I48
    Sch. 8 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 9)
  49. I49
    Sch. 8 para. 22 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  50. I50
    Sch. 8 para. 23 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  51. I51
    Sch. 8 para. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1014)
  52. I52
    Sch. 8 para. 25 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26
  53. I53
    Sch. 8 para. 26 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 1114)
  54. I54
    Sch. 8 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 26 (with Sch. 2 para. 12)
  55. I55
    S. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  56. I56
    Sch. 12 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  57. I57
    Sch. 12 para. 2 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  58. I58
    Sch. 12 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  59. I59
    Sch. 12 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  60. I60
    Sch. 12 para. 5 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  61. I61
    Sch. 12 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 27
  62. I62
    S. 54 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 28
  63. I63
    S. 55 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 29
  64. I64
    S. 59 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 33
  65. I65
    S. 72 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 34
  66. I66
    S. 73 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 35
  67. I67
    Sch. 15 para. 1 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 35
  68. I68
    S. 76 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 36
  69. I69
    S. 93 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 37
  70. I70
    S. 94 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 38
  71. I71
    S. 95 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 39
  72. I72
    S. 96 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 40
  73. I73
    S. 97 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 41
  74. I74
    S. 126(1) in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 42
  75. I75
    S. 140 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 43
  76. I76
    Sch. 24 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 43
  77. I77
    S. 141 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 44
  78. I78
    S. 142 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 45
  79. I79
    S. 148(1)(2) in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 46
  80. I80
    S. 149 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 46
  81. I81
    Sch. 22 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 47
  82. I82
    Sch. 26 para. 2(1) (2) Sch. 26 para. 2(4)-(6) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
  83. I83
    Sch. 26 para. 59 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
  84. I84
    Sch. 26 para. 71 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a) (with Sch. 2 para. 2)
  85. I85
    Sch. 26 para. 73 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
  86. I86
    Sch. 26 para. 74 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
  87. I87
    Sch. 26 para. 75 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)
  88. I88
    Sch. 26 para. 3 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(b)
  89. I89
    Sch. 26 para. 4 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(c)
  90. I90
    Sch. 26 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(d)
  91. I91
    Sch. 26 para. 7 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(e)
  92. I92
    Sch. 26 para. 8 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(f)
  93. I93
    Sch. 26 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  94. I94
    Sch. 26 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  95. I95
    Sch. 26 para. 12(2)(3)(a)(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  96. I96
    Sch. 26 para. 13 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  97. I97
    Sch. 26 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  98. I98
    Sch. 26 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  99. I99
    Sch. 26 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  100. I100
    Sch. 26 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  101. I101
    Sch. 26 para. 18 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  102. I102
    Sch. 26 para. 19(2)(3)(5)(6) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  103. I103
    Sch. 26 para. 52 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(g)
  104. I104
    Sch. 26 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(h)
  105. I105
    Sch. 26 para. 22 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(i)
  106. I106
    Sch. 26 para. 23 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(i)
  107. I107
    Sch. 26 para. 26 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(j)
  108. I108
    Sch. 26 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(k)
  109. I109
    Sch. 26 para. 28 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(l)
  110. I110
    Sch. 26 para. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(m)
  111. I111
    Sch. 26 para. 32 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
  112. I112
    Sch. 26 para. 33(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(n)
  113. I113
    Sch. 26 para. 51 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(p)
  114. I114
    Sch. 26 para. 53 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)
  115. I115
    Sch. 26 para. 56(1)(2)(a)(4) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)
  116. I116
    Sch. 26 para. 57 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(r)
  117. I117
    Sch. 26 para. 78 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(s)
  118. I118
    Sch. 26 para. 80 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(t)
  119. I119
    Sch. 26 para. 81 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(u)
  120. I120
    Sch. 27 para. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  121. I121
    Sch. 27 para. 10 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  122. I122
    Sch. 27 para. 11 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  123. I123
    Sch. 27 para. 12 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  124. I124
    Sch. 27 para. 13(2) in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  125. I125
    Sch. 27 para. 14 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  126. I126
    Sch. 27 para. 15 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  127. I127
    Sch. 27 para. 16 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  128. I128
    Sch. 27 para. 17 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  129. I129
    Sch. 27 para. 21 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  130. I130
    Sch. 27 para. 27 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  131. I131
    Sch. 27 para. 30 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  132. I132
    Sch. 27 para. 38 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 49
  133. I133
    Sch. 28 Pt. 2 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 para. 2)
  134. I134
    Sch. 28 Pt. 3 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50 (with Sch. 2 paras. 4-6, 9)
  135. I135
    Sch. 28 Pt. 4 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
  136. I136
    Sch. 28 Pt. 5 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
  137. I137
    Sch. 28 Pt. 6 in force at 14.7.2008 by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
  138. I138
    Sch. 28 Pt. 8 in force at 14.7.2008 for specified purposes by S.I. 2008/1586, art. 2(1), Sch. 1 para. 50
  139. I139
    Sch. 26 para. 63 in force at 15.7.2008 by S.I. 2008/1586, art. 2(2)
  140. I140
    S. 21(1)(3)-(7) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 1
  141. I141
    S. 22 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 2
  142. I142
    S. 34(1)(3)(4)(a)(5)(6)(8)(9) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 5
  143. I143
    S. 41 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 6
  144. I144
    S. 51 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 7
  145. I145
    S. 60 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 8 (with art. 3)
  146. I146
    S. 126(1) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 9
  147. I147
    S. 127 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 10
  148. I148
    S. 129 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 11
  149. I149
    S. 148(1) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 12
  150. I150
    S. 149 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 13
  151. I151
    Sch. 11 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15
  152. I152
    Sch. 11 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15
  153. I153
    Sch. 11 para. 3 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15
  154. I154
    Sch. 11 para. 4 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 15
  155. I155
    Sch. 22 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 16(a)
  156. I156
    Sch. 22 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 16(a)
  157. I157
    Sch. 22 para. 3 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)
  158. I158
    Sch. 22 para. 4 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)
  159. I159
    Sch. 22 para. 7 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(b) (with art. 4)
  160. I160
    Sch. 22 para. 8 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 16(c) (with art. 4)
  161. I161
    Sch. 23 para. 1 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)
  162. I162
    Sch. 23 para. 2 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)
  163. I163
    Sch. 23 para. 3 in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)
  164. I164
    Sch. 23 para. 12(1) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 17(a)
  165. I165
    Sch. 23 para. 12(4) in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)
  166. I166
    Sch. 23 para. 19 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 17(b) (with art. 4)
  167. I167
    Sch. 26 para. 29(3)(4)(6)(7) in force at 3.11.2008 by S.I. 2008/2712, art. 2, Sch. para. 18(b)
  168. I168
    Sch. 28 Pt. 2 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(2)
  169. I169
    Sch. 28 Pt. 4 in force at 3.11.2008 for specified purposes by S.I. 2008/2712, art. 2, Sch. para. 19(3)
  170. I170
    S. 61 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(a)
  171. I171
    S. 126(1)(3) in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(c)
  172. I172
    S. 127 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(d)
  173. I173
    S. 148(2) in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(e)
  174. I174
    S. 149 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(f)
  175. I175
    Sch. 22 para. 3 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
  176. I176
    Sch. 22 para. 4 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
  177. I177
    Sch. 22 para. 5 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)
  178. I178
    Sch. 22 para. 7 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
  179. I179
    Sch. 22 para. 8 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(h)(i) (with art. 3)
  180. I180
    Sch. 22 para. 9 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)
  181. I181
    Sch. 22 para. 11 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii) (with art. 3)
  182. I182
    Sch. 22 para. 17 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)
  183. I183
    Sch. 22 para. 18 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)
  184. I184
    Sch. 22 para. 19 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)
  185. I185
    Sch. 22 para. 20 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)
  186. I186
    Sch. 22 para. 21 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(h)(ii)
  187. I187
    Sch. 23 para. 4 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)
  188. I188
    Sch. 23 para. 11 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i)
  189. I189
    Sch. 23 para. 12(1)-(3) in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
  190. I190
    Sch. 23 para. 12(4) in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
  191. I191
    Sch. 23 para. 13 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)
  192. I192
    Sch. 23 para. 14 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)
  193. I193
    Sch. 23 para. 15 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)
  194. I194
    Sch. 23 para. 16 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i)
  195. I195
    Sch. 23 para. 18 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)
  196. I196
    Sch. 23 para. 19 in force at 1.12.2008 in so far as not already in force by S.I. 2008/2993, art. 2(1)(i)(ii) (with art. 3)
  197. I197
    Sch. 27 para. 22 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(j)
  198. I198
    Sch. 27 para. 35(1)(2)(a)(3) in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(j)
  199. I199
    Sch. 28 Pt. 8 in force at 1.12.2008 for specified purposes by S.I. 2008/2993, art. 2(1)(k)
  200. I200
    S. 49 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(a)
  201. I201
    S. 50 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(b)
  202. I202
    S. 148(2) in force at 19.12.2008 for specified purposes by S.I. 2008/3260, art. 2(1)(c)
  203. I203
    Sch. 10 para. 1 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)
  204. I204
    Sch. 10 para. 3 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)
  205. I205
    Sch. 10 para. 4 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)
  206. I206
    Sch. 10 para. 6 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(d)
  207. I207
    Sch. 27 para. 19 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(e)
  208. I208
    Sch. 27 para. 20 in force at 19.12.2008 by S.I. 2008/3260, art. 2(1)(e)
  209. I209
    S. 119(4) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(a)
  210. I210
    S. 120(5)(6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(b)
  211. I211
    S. 121(1)-(3)(5)(6) in force at 1.1.2009 in relation to English NHS premises by S.I. 2008/3260, art. 2(2)(c)
  212. I212
    S. 63 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(a)
  213. I213
    S. 64 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(b)
  214. I214
    S. 65 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(c)
  215. I215
    S. 66 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(d)
  216. I216
    S. 67 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(e)
  217. I217
    S. 68 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(f)
  218. I218
    S. 71 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(g)
  219. I219
    S. 148(1)(2) in force at 26.1.2009 for specified purposes by S.I. 2008/2993, art. 2(2)(h)
  220. I220
    Sch. 14 para. 3 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)
  221. I221
    Sch. 14 para. 4 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)
  222. I222
    Sch. 14 para. 5 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)
  223. I223
    Sch. 14 para. 6 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(i)
  224. I224
    Sch. 26 para. 58 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(j)
  225. I225
    Sch. 27 para. 23 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)
  226. I226
    Sch. 27 para. 25 in force at 26.1.2009 by S.I. 2008/2993, art. 2(2)(k)
  227. I227
    S. 48(1)(a) in force at 1.2.2009 by S.I. 2009/140, art. 2(a)
  228. I228
    S. 123 in force at 1.2.2009 by S.I. 2009/140, art. 2(b)
  229. I229
    S. 124 in force at 1.2.2009 by S.I. 2009/140, art. 2(c)
  230. I230
    S. 148(2) in force at 1.2.2009 for specified purposes by S.I. 2009/140, art. 2(d)
  231. I231
    Sch. 9 para. 1 in force at 1.2.2009 by S.I. 2009/140, art. 2(e)(i)
  232. I232
    Sch. 9 para. 3 in force at 1.2.2009 for specified purposes by S.I. 2009/140, art. 2(e)(ii)
  233. I233
    Sch. 9 para. 4 in force at 1.2.2009 by S.I. 2009/140, art. 2(e)(iii)
  234. I234
    Sch. 27 para. 33 in force at 1.2.2009 by S.I. 2009/140, art. 2(f)
  235. I235
    Sch. 27 para. 34 in force at 1.2.2009 by S.I. 2009/140, art. 2(f)
  236. F1
    S. 134(6) repealed (2.3.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 24, Sch. 16; S.I. 2009/415, art. 4(a)
  237. F2
    S. 135(7) repealed (2.3.2009) by Housing and Regeneration Act 2008 (c. 17), s. 325(1), Sch. 15 para. 25, Sch. 16; S.I. 2009/415, art. 4(a)
  238. I236
    S. 125 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(b)
  239. I237
    S. 143 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(c)
  240. I238
    S. 146 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(d)
  241. I239
    S. 148(2) in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(e)
  242. I240
    S. 149 in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(f)
  243. I241
    Sch. 9 para. 3 in force at 1.4.2009 for specified purposes by S.I. 2009/860, art. 2(1)(h)
  244. I242
    Sch. 27 para. 37 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(i)
  245. I243
    Sch. 28 Pt. 7 in force at 1.4.2009 by S.I. 2009/860, art. 2(1)(j)
  246. I244
    S. 148(1) in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(d)
  247. I245
    S. 149 in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(e)
  248. I246
    Sch. 28 Pt. 2 in force at 27.4.2009 for specified purposes by S.I. 2009/860, art. 2(2)(g)
  249. F3
    S. 135(3) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 288(a) (with Sch. 5)
  250. F4
    Word in s. 135(4) omitted (1.6.2009) by virtue of The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), art. 1, Sch. 1 para. 288(b) (with Sch. 5)
  251. I247
    S. 122 in force at 22.6.2009 by S.R. 2009/243, art. 2(a)
  252. I248
    Sch. 21 para. 1(4) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)
  253. I249
    Sch. 21 para. 2(5) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)
  254. I250
    Sch. 21 para. 3(1)-(3) (5) in force at 22.6.2009 by S.R. 2009/243, art. 2(b)
  255. I251
    S. 148(1) in force at 8.7.2009 for specified purposes by S.I. 2009/1678, arts. 2(a), 3(a)
  256. I252
    Sch. 26 para. 59 in force at 8.7.2009 for specified purposes by S.I. 2009/1678, arts. 2(b)(i), 3(b)(i)
  257. I253
    Sch. 26 para. 60 in force at 8.7.2009 by S.I. 2009/1678, art. 3(b)(ii)
  258. I254
    Sch. 26 para. 61 in force at 8.7.2009 by S.I. 2009/1678, art. 2(b)(ii)
  259. I255
    Sch. 26 para. 62 in force at 8.7.2009 by S.I. 2009/1678, art. 3(b)(ii)
  260. I256
    Sch. 28 Pt. 4 in force at 8.7.2009 for specified purposes by S.I. 2009/1678, art. 3(c)
  261. I257
    S. 98 in force at 3.8.2009 by S.I. 2009/1842, art. 2(a)
  262. I258
    S. 99 in force at 3.8.2009 by S.I. 2009/1842, art. 2(b)
  263. I259
    S. 100 in force at 3.8.2009 by S.I. 2009/1842, art. 2(c)
  264. I260
    S. 101 in force at 3.8.2009 by S.I. 2009/1842, art. 2(d)
  265. I261
    S. 102 in force at 3.8.2009 by S.I. 2009/1842, art. 2(e)
  266. I262
    S. 103 in force at 3.8.2009 by S.I. 2009/1842, art. 2(f)
  267. I263
    S. 104 in force at 3.8.2009 by S.I. 2009/1842, art. 2(g)
  268. I264
    S. 105 in force at 3.8.2009 by S.I. 2009/1842, art. 2(h)
  269. I265
    S. 106 in force at 3.8.2009 by S.I. 2009/1842, art. 2(i)
  270. I266
    S. 107 in force at 3.8.2009 by S.I. 2009/1842, art. 2(j)
  271. I267
    S. 108 in force at 3.8.2009 by S.I. 2009/1842, art. 2(k)
  272. I268
    S. 109 in force at 3.8.2009 by S.I. 2009/1842, art. 2(l)
  273. I269
    S. 110 in force at 3.8.2009 by S.I. 2009/1842, art. 2(m)
  274. I270
    S. 111 in force at 3.8.2009 by S.I. 2009/1842, art. 2(n)
  275. I271
    S. 112 in force at 3.8.2009 by S.I. 2009/1842, art. 2(o)
  276. I272
    S. 113 in force at 3.8.2009 by S.I. 2009/1842, art. 2(p)
  277. I273
    S. 114 in force at 3.8.2009 by S.I. 2009/1842, art. 2(q)
  278. I274
    S. 115 in force at 3.8.2009 by S.I. 2009/1842, art. 2(r)
  279. I275
    S. 116 in force at 3.8.2009 by S.I. 2009/1842, art. 2(s)
  280. I276
    S. 117 in force at 3.8.2009 by S.I. 2009/1842, art. 2(t)
  281. I277
    S. 148(2) in force at 3.8.2009 for specified purposes by S.I. 2009/1842, art. 2(u)
  282. I278
    Sch. 27 para. 31 in force at 3.8.2009 by S.I. 2009/1842, art. 2(v)
  283. I279
    Sch. 27 para. 32 in force at 3.8.2009 by S.I. 2009/1842, art. 2(v)
  284. I280
    S. 144(1) in force at 1.10.2009 for specified purposes by S.I. 2009/2606, art. 2(n)
  285. I281
    S. 144(2) in force at 1.10.2009 by S.I. 2009/2606, art. 2(o)
  286. I282
    S. 148(2) in force at 1.10.2009 for specified purposes by S.I. 2009/2606, art. 2(p)
  287. I283
    S. 145 in force at 31.10.2009 for specified purposes by S.I. 2009/1028, art. 2
  288. I284
    Sch. 25 para. 1 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  289. I285
    Sch. 25 para. 2 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  290. I286
    Sch. 25 para. 3 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  291. I287
    Sch. 25 para. 4 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  292. I288
    Sch. 25 para. 5 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  293. I289
    Sch. 25 para. 6 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  294. I290
    Sch. 25 para. 7 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  295. I291
    Sch. 25 para. 8 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  296. I292
    Sch. 25 para. 9 in force at 31.10.2009 by S.I. 2009/1028, art. 2(a)
  297. I293
    Sch. 25 para. 10 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  298. I294
    Sch. 25 para. 11 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  299. I295
    Sch. 25 para. 12 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  300. I296
    Sch. 25 para. 13 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  301. I297
    Sch. 25 para. 14 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  302. I298
    Sch. 25 para. 15 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  303. I299
    Sch. 25 para. 16 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  304. I300
    Sch. 25 para. 17 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  305. I301
    Sch. 25 para. 18 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  306. I302
    Sch. 25 para. 19 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  307. I303
    Sch. 25 para. 20 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  308. I304
    Sch. 25 para. 21 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  309. I305
    Sch. 25 para. 22 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  310. I306
    Sch. 25 para. 23 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  311. I307
    Sch. 25 para. 26(1)(2) in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  312. I308
    Sch. 25 para. 28 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  313. I309
    Sch. 25 para. 29 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  314. I310
    Sch. 25 para. 30 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  315. I311
    Sch. 25 para. 31 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  316. I312
    Sch. 25 para. 32 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  317. I313
    Sch. 25 para. 33 in force at 31.10.2009 by S.I. 2009/1028, art. 2(b)
  318. I314
    S. 21(2) in force at 31.10.2009 by S.I. 2009/2606, art. 3(a)
  319. I315
    S. 29 in force at 31.10.2009 in so far as not already in force by S.I. 2009/2606, art. 3(c)
  320. I316
    S. 145 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(d)
  321. I317
    S. 148(1) in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(e)
  322. I318
    S. 149 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(f)
  323. I319
    S. 151 in force at 31.10.2009 by S.I. 2009/2606, art. 3(g)
  324. I320
    Sch. 25 para. 34 in force at 31.10.2009 by S.I. 2009/2606, art. 3(h)
  325. I321
    Sch. 26 para. 54 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)
  326. I322
    Sch. 26 para. 55 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)
  327. I323
    Sch. 26 para. 56(2)(b)(3) in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)
  328. I324
    Sch. 26 para. 82 in force at 31.10.2009 by S.I. 2009/2606, art. 3(i)
  329. I325
    Sch. 28 Pt. 2 in force at 31.10.2009 for specified purposes by S.I. 2009/2606, art. 3(j)
  330. I326
    S. 48(1)(b) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(a)
  331. I327
    S. 148(1)(2) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(b)(2)
  332. I328
    S. 148(1) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(3)
  333. I329
    Sch. 9 para. 3 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(c)(2)
  334. I330
    Sch. 26 para. 20 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(d)(2)
  335. I331
    Sch. 26 para. 34(1)(2) in force at 16.11.2009 by S.I. 2009/2780, art. 2(3)
  336. I332
    Sch. 26 para. 34(3) in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(d)(2)
  337. I333
    Sch. 27 para. 18 in force at 16.11.2009 for specified purposes by S.I. 2009/2780, art. 2(1)(e)(2)
  338. F5
    Sch. 28 Pt. 1 entries repealed (12.11.2009) by Coroners and Justice Act 2009 (c. 25), s. 182(1)(j)(ii), Sch. 23 Pt. 4 (with s. 180)
  339. I334
    S. 6(1) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(f) (with art. 4)
  340. I335
    S. 75 in force at 30.11.2009 by S.I. 2009/3074, art. 2(i)
  341. I336
    S. 119(1)-(3) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(a)
  342. I337
    S. 120(1)-(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(b)
  343. I338
    S. 121(4) in force at 30.11.2009 in relation to English NHS premises by S.I. 2009/3074, art. 3(c)
  344. I339
    S. 126(2) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(j)
  345. I340
    S. 148(1)(2) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(k)
  346. I341
    S. 149 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(l)
  347. I342
    Sch. 4 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)
  348. I343
    Sch. 4 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(i)
  349. I344
    Sch. 4 para. 3(1) (2) (4) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(ii)
  350. I345
    Sch. 4 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  351. I346
    Sch. 4 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  352. I347
    Sch. 4 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  353. I348
    Sch. 4 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  354. I349
    Sch. 4 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  355. I350
    Sch. 4 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  356. I351
    Sch. 4 para. 10 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  357. I352
    Sch. 4 para. 11 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  358. I353
    Sch. 4 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  359. I354
    Sch. 4 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  360. I355
    Sch. 4 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  361. I356
    Sch. 4 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  362. I357
    Sch. 4 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  363. I358
    Sch. 4 para. 17 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  364. I359
    Sch. 4 para. 18 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  365. I360
    Sch. 4 para. 19 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  366. I361
    Sch. 4 para. 20 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  367. I362
    Sch. 4 para. 21 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  368. I363
    Sch. 4 para. 22 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  369. I364
    Sch. 4 para. 23 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(iii)
  370. I365
    Sch. 4 para. 24 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(iv)
  371. I366
    Sch. 4 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  372. I367
    Sch. 4 para. 27 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  373. I368
    Sch. 4 para. 28 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  374. I369
    Sch. 4 para. 29 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  375. I370
    Sch. 4 para. 30 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  376. I371
    Sch. 4 para. 31 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  377. I372
    Sch. 4 para. 32 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  378. I373
    Sch. 4 para. 33 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  379. I374
    Sch. 4 para. 34 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  380. I375
    Sch. 4 para. 35 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  381. I376
    Sch. 4 para. 36 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  382. I377
    Sch. 4 para. 37 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  383. I378
    Sch. 4 para. 38 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  384. I379
    Sch. 4 para. 39 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  385. I380
    Sch. 4 para. 40 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  386. I381
    Sch. 4 para. 41 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  387. I382
    Sch. 4 para. 42 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  388. I383
    Sch. 4 para. 43 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  389. I384
    Sch. 4 para. 44 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  390. I385
    Sch. 4 para. 45 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  391. I386
    Sch. 4 para. 46 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  392. I387
    Sch. 4 para. 47 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  393. I388
    Sch. 4 para. 48 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  394. I389
    Sch. 4 para. 49 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  395. I390
    Sch. 4 para. 50 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(v)
  396. I391
    Sch. 4 para. 61(a) in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(p)(xii)
  397. I392
    Sch. 4 para. 68 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)
  398. I393
    Sch. 4 para. 69 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)
  399. I394
    Sch. 4 para. 70 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)
  400. I395
    Sch. 4 para. 71 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiii)
  401. I396
    Sch. 4 para. 92(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xiv)
  402. I397
    Sch. 4 para. 94 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  403. I398
    Sch. 4 para. 95 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  404. I399
    Sch. 4 para. 97 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  405. I400
    Sch. 4 para. 98 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv) (with art. 4)
  406. I401
    Sch. 4 para. 99 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  407. I402
    Sch. 4 para. 101 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  408. I403
    Sch. 4 para. 102 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  409. I404
    Sch. 4 para. 104 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  410. I405
    Sch. 4 para. 105 in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xv)
  411. I406
    Sch. 17 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  412. I407
    Sch. 17 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  413. I408
    Sch. 17 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  414. I409
    Sch. 17 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  415. I410
    Sch. 17 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  416. I411
    Sch. 17 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  417. I412
    Sch. 17 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  418. I413
    Sch. 17 para. 8 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  419. I414
    Sch. 17 para. 9 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)
  420. I415
    Sch. 22 para. 12 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)
  421. I416
    Sch. 22 para. 13 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)
  422. I417
    Sch. 22 para. 14 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)
  423. I418
    Sch. 22 para. 15 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)
  424. I419
    Sch. 22 para. 16 in force at 30.11.2009 by S.I. 2009/3074, art. 2(r)
  425. I420
    Sch. 26 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(s)
  426. I421
    Sch. 27 para. 1 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  427. I422
    Sch. 27 para. 2 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  428. I423
    Sch. 27 para. 3 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  429. I424
    Sch. 27 para. 4 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  430. I425
    Sch. 27 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  431. I426
    Sch. 27 para. 6 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  432. I427
    Sch. 27 para. 7 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(i)
  433. I428
    Sch. 27 para. 26 in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(ii)
  434. I429
    Sch. 27 para. 35(2)(b) in force at 30.11.2009 by S.I. 2009/3074, art. 2(t)(iii)
  435. I430
    Sch. 28 Pt. 1 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(u)
  436. I431
    Sch. 28 Pt. 5 in force at 30.11.2009 for specified purposes by S.I. 2009/3074, art. 2(v)
  437. I432
    Sch. 4 para. 59(a)(b)(d) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(x)
  438. I433
    Sch. 4 para. 61(b)(c) in force at 30.11.2009 by S.I. 2009/3074, art. 2(p)(xii)
  439. F6
    Sch. 4 paras. 65-67 repealed (22.3.2010) by Welfare Reform Act 2009 (c. 24), s. 61(3), Sch. 7 Pt. 3; S.I. 2010/293, art. 2(3)(b) (with art. 2(4))
  440. I434
    S. 74 in force at 23.3.2010 in so far as not already in force by S.I. 2010/712, art. 2(a)
  441. I435
    S. 148(1) in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(b)
  442. I436
    S. 149 in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(c)
  443. I437
    Sch. 16 para. 1 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  444. I438
    Sch. 16 para. 2 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  445. I439
    Sch. 16 para. 3 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  446. I440
    Sch. 16 para. 4 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  447. I441
    Sch. 16 para. 5 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  448. I442
    Sch. 16 para. 6(1) (2) in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  449. I443
    Sch. 16 para. 7 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  450. I444
    Sch. 16 para. 8 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  451. I445
    Sch. 16 para. 9 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  452. I446
    Sch. 16 para. 10 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  453. I447
    Sch. 16 para. 11 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  454. I448
    Sch. 16 para. 17 in force at 23.3.2010 by S.I. 2010/712, art. 2(d)
  455. I449
    Sch. 28 Pt. 2 in force at 23.3.2010 for specified purposes by S.I. 2010/712, art. 2(f)
  456. I450
    S. 148(1) in force at 1.4.2010 for specified purposes by S.I. 2010/712, art. 3(a)
  457. I451
    Sch. 26 para. 83 in force at 1.4.2010 by S.I. 2010/712, art. 3(b)
  458. I452
    S. 144(1) in force at 6.4.2010 in so far as not already in force by S.I. 2010/712, art. 4
  459. F7
    S. 147(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 94(a) (with arts. 28-31)
  460. F8
    S. 147(5A)-(5C) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 94(d) (with arts. 28-31)
  461. F9
    Words in s. 147(2) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 18 para. 94(b) (with arts. 28-31)
  462. I453
    Sch. 21 para. 1(1)-(3) in force at 18.10.2010 by S.R. 2010/349, art. 2
  463. I454
    Sch. 21 para. 2(1)-(4) in force at 18.10.2010 by S.R. 2010/349, art. 2
  464. I455
    Sch. 21 para. 3(4) in force at 18.10.2010 by S.R. 2010/349, art. 2
  465. F10
    Sch. 4 paras. 43-46 repealed (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), Sch. 2 para. 53; S.S.I. 2010/413, art. 2, Sch. (with art. 3(1))
  466. F11
    S. 141(2) repealed (S.) (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 100(1), 206(1); S.S.I. 2011/354, art. 2, Sch.
  467. F12
    Sch. 25 para. 26(3) (4) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)
  468. F13
    Sch. 25 para. 27 repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 3 para. 20(3), Sch. 5; S.I. 2012/669, art. 4(d)(f)(i)
  469. I456
    S. 25 in force at 3.12.2012 in so far as not already in force by 2012 c. 10, Sch. 16 para. 15(1); S.I. 2012/2096, art. 2(n)
  470. F14
    S. 33(1)(3)(5)(6) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(a); S.I. 2012/2906, art. 2(n)
  471. F15
    S. 33(2)(4)(7)(8) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  472. F16
    S. 13 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(i); S.I. 2012/2906, art. 2(s)
  473. F17
    S. 14 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(i); S.I. 2012/2906, art. 2(s)
  474. F18
    S. 15 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(i); S.I. 2012/2906, art. 2(s)
  475. F19
    S. 16 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(i); S.I. 2012/2906, art. 2(s)
  476. F20
    S. 21(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  477. F21
    S. 21(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  478. F22
    S. 21(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  479. F23
    S. 22(2)(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  480. F24
    S. 23 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(c), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  481. F25
    S. 29(2)(3) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 114(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  482. F26
    S. 32 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(a); S.I. 2012/2906, art. 2(n)
  483. F27
    S. 34(10) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  484. F28
    S. 34(2) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  485. F29
    S. 34(7) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  486. F30
    S. 34(4)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 118(4)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  487. F31
    Sch. 5 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(ii); S.I. 2012/2906, art. 2(s)
  488. F32
    Sch. 6 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(14)(c), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)
  489. F33
    Ss. 26-28 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(a); S.I. 2012/2906, art. 2(n)
  490. F34
    Sch. 25 para. 24 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 64(5)(c), 151(1); S.I. 2012/2906, art. 2(a)
  491. F35
    Sch. 26 para. 5 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 55; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  492. F36
    Sch. 26 para. 29(2)-(5) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(b); S.I. 2012/2906, art. 2(n)
  493. F37
    Sch. 26 para. 76 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 21 para. 35(b)(iii); S.I. 2012/2906, art. 2(s)
  494. F38
    Sch. 27 para. 8 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(c); S.I. 2012/2906, art. 2(n)
  495. F39
    Sch. 27 para. 9 omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 16 para. 20(c); S.I. 2012/2906, art. 2(n)
  496. F40
    Ss. 56-58 repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)
  497. F41
    Words in s. 119(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 153; S.I. 2013/160, art. 2(2) (with arts. 7-9)
  498. I457
    S. 148(1) in force at 8.4.2013 by S.I. 2013/616, art. 2(a)
  499. I458
    Sch. 9 para. 3 in force at 8.4.2013 in so far as not already in force by S.I. 2013/616, art. 2(b)
  500. I459
    Sch. 26 para. 59 in force at 8.4.2013 for specified purposes by S.I. 2013/616, art. 2(c)(i)
  501. I460
    Sch. 26 para. 60 in force at 8.4.2013 in so far as not already in force by S.I. 2013/616, art. 2(c)(ii)
  502. I461
    Sch. 26 para. 62 in force at 8.4.2013 in so far as not already in force by S.I. 2013/616, art. 2(c)(ii)
  503. I462
    Sch. 28 Pt. 4 in force at 8.4.2013 for specified purposes by S.I. 2013/616, art. 2(d)
  504. F42
    S. 48(1)(b) and preceding word omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 29 (with s. 135(4)); S.I. 2013/453, art. 4(f)
  505. F43
    Sch. 9 para. 2 omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 30 (with s. 135(4)); S.I. 2013/453, art. 4(f)
  506. F44
    S. 76(5A) inserted (E.W. or in so far as this provision applies in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(2), 61(11)(b)(15)(16) (with s. 43(6))
  507. F45
    S. 76(8A)-(8F) inserted (E.W. or in so far as this provision applies in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(4), 61(11)(b)(15)(16) (with s. 43(6))
  508. F46
    Words in s. 76(6) inserted (E.W. or in so far as this provision applies in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(3), 61(11)(b)(15)(16) (with s. 43(6))
  509. F47
    Words in s. 76(9) inserted (E.W. or in so far as this provision applies in relation to service offences) (25.4.2013) by Crime and Courts Act 2013 (c. 22), ss. 43(5), 61(11)(b)(15)(16) (with s. 43(6))
  510. F48
    S. 76(6A) inserted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(3), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  511. F49
    Word in s. 76(2)(a) omitted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  512. F50
    S. 76(2)(aa) inserted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(2), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  513. F51
    Words in s. 76(8) substituted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(4), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  514. F52
    Word in s. 76(10)(a) omitted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  515. F53
    S. 76(10)(a)(ia) inserted (E.W. or in so far as this provision applies in relation to service offences) (14.5.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 148(5), 151(1) (with ss. 148(6), 152(6)(7)); S.I. 2013/1127, art. 2
  516. F54
    Sch. 10 para. 2 repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
  517. F55
    Sch. 10 para. 5 repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
  518. F56
    Sch. 4 para. 21 repealed (10.3.2014) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 25 Pt. 2 (with s. 141(1)-(6)); S.I. 2014/423, art. 2(c) (with art. 3)
  519. C1
    S. 76(8B)-(8F) applied (with modifications) by 1991 c. 65, s. 3(1B) (as inserted (E.W.) (13.5.2014) by Anti Social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 106(2)(b), 185(1); S.I. 2014/949, art. 3, Sch. para. 6)
  520. F57
    S. 147(5)(da) inserted (E.W.) (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 119(2), 185(1); S.I. 2014/949, art. 3, Sch. para. 9
  521. F58
    S. 98(6) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 119(1), 185(1); S.I. 2014/949, art. 3, Sch. para. 9
  522. F59
    Words in s. 99(5)(b) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 119(3), 185(1); S.I. 2014/949, art. 3, Sch. para. 9
  523. F60
    Sch. 20 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(hh) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))
  524. F61
    S. 118 repealed (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(g)(viii)(hh) (as renumbered (20.10.2014) by S.I. 2014/2754, arts. 1, 3(b))
  525. F62
    Words in s. 152(3)(e) substituted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 15(a)
  526. F63
    Words in s. 152(4)(b) substituted (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 3 para. 15(b)
  527. F64
    S. 123 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)
  528. F65
    S. 124 repealed (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 50 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(f)(xii)
  529. F66
    S. 63(5A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  530. F67
    S. 63(7A)(7B) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  531. F68
    Words in s. 63(6) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(2)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  532. F69
    S. 66(A1)(A2) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(3)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  533. F70
    Words in s. 66(1) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(3)(b)(i), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  534. F71
    Words in s. 66(1) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(3)(b)(ii), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  535. F72
    S. 67(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(c), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  536. F73
    Words in s. 67(2) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(a), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  537. F74
    Words in s. 67(3) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 37(4)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  538. F75
    Sch. 14 para. 6(2) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 37(5)(b), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  539. F76
    Words in s. 63(6) inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(2), 61(1)
  540. F77
    Words in s. 66(1)(b) substituted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(a), 61(1)
  541. F78
    S. 66(2)(d) and preceding word inserted (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(3)(b), 61(1)
  542. F79
    Words in s. 67(5)(b) added (N.I.) (13.5.2016) by Justice Act (NorthernIreland) 2016 (c. 21), ss. 50(4), 61(1)
  543. F80
    Words in s. 132(4)(b) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 42; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
  544. F81
    S. 133(3)(3A)(4) substituted for s. 133(3)(4) (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 43; S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)
  545. F82
    S. 77 omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 150(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  546. F83
    S. 78 omitted (25.5.2018) by virtue of Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 150(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  547. F84
    S. 114(6A) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 151(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  548. F85
    Words in s. 114(5) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 151(2) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
  549. F86
    Sch. 23 paras. 5-10 omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
  550. F87
    Sch. 23 para. 14(7)(8) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 15(11)(a), 183(1)(5)(e); S.I. 2020/5, reg. 2(c) (with art. 3(1)(2)(4))
  551. F88
    Sch. 22 para. 11(6)(b) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 31(6)(a), 183(1)(5)(e); S.I. 2020/5, reg. 2(l) (with art. 3(3))
  552. F89
    Sch. 23 para. 14(5) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
  553. F90
    Sch. 23 para. 13(5)(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
  554. F91
    Sch. 23 para. 17 omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
  555. F92
    Sch. 23 para. 18(3) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))
  556. C2
    S. 9 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  557. C3
    S. 22 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  558. C4
    S. 147 modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  559. C5
    Sch. 7 para. 2(1) modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  560. C6
    Sch. 7 para. 3(2) modified in part (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2
  561. F93
    Ss. 1-5 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  562. F94
    Ss. 10-12 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  563. F95
    Ss. 17-20 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  564. F96
    Ss. 35-38 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  565. F97
    Sch. 4 paras. 51-58 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  566. F98
    Sch. 4 paras. 62-64 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  567. F99
    Sch. 4 paras. 72-91 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  568. F100
    Sch. 4 paras. 106-109 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  569. F101
    Sch. 13 paras. 8-10 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  570. F102
    Sch. 26 paras. 40-49 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  571. F103
    Sch. 26 paras. 64-70 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  572. F104
    Sch. 1 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  573. F105
    Sch. 2 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  574. F106
    Sch. 3 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  575. F107
    S. 7 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  576. F108
    Words in s. 39(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  577. F109
    Words in s. 39(2)(a) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  578. F110
    Words in s. 39(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(3)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  579. F111
    Words in s. 39(2)(c) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(3)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  580. F112
    S. 39(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(4) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  581. F113
    S. 39(6) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 266(5) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  582. F114
    S. 9(1)(2) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  583. F115
    S. 22(5)(6) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  584. F116
    Words in s. 117(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 269(a) (with Sch. 27); S.I. 2020/1236, reg. 2
  585. F117
    Words in s. 117(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 269(b) (with Sch. 27); S.I. 2020/1236, reg. 2
  586. F118
    S. 147(4)(b) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  587. F119
    S. 147(5)(a) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  588. F120
    S. 147(5)(i)(j) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  589. F121
    S. 46(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 267 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  590. F122
    S. 8 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  591. F123
    Sch. 4 para. 60 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  592. F124
    Sch. 4 para. 103 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  593. F125
    Sch. 4 para. 100 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with s. 413(4)(5), Sch. 27); S.I. 2020/1236, reg. 2
  594. F126
    Sch. 4 para. 96 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  595. F127
    Sch. 4 para. 93 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  596. F128
    Words in Sch. 7 para. 3(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  597. F129
    Words in Sch. 7 para. 3(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  598. F130
    Words in Sch. 7 para. 3(2)(a) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  599. F131
    Words in Sch. 7 para. 3(2)(b) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  600. F132
    Words in Sch. 7 para. 3(2)(c) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(3)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  601. F133
    Sch. 8 para. 28 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  602. F134
    Sch. 7 para. 2(1) omitted (1.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  603. F135
    Words in Sch. 7 para. 2(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  604. F136
    Sch. 7 para. 2(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(2)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  605. F137
    Words in Sch. 7 para. 4(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  606. F138
    Words in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  607. F139
    Word in Sch. 7 para. 4(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(4)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  608. F140
    Words in Sch. 7 para. 7(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  609. F141
    Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(i) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  610. F142
    Words in Sch. 7 para. 7(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(ii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  611. F143
    Words in Sch. 7 para. 7(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(b)(iii) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  612. F144
    Sch. 7 para. 7(3) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(6)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  613. F145
    Words in Sch. 7 para. 5(1) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(a) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  614. F146
    Words in Sch. 7 para. 5(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(b) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  615. F147
    Sch. 7 para. 5(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 270(5)(c) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
  616. F148
    Sch. 26 para. 72 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2
  617. F149
    Ss. 80-92 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(a) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
  618. F150
    Sch. 18 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(c) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
  619. F151
    Sch. 19 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(d) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
  620. F152
    S. 136(1)(b) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(3)(a)
  621. F153
    Words in s. 136(3) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(3)(b)
  622. F154
    S. 130(5)(b) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 18(2)
  623. F155
    S. 147(5)(d) omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(b) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
  624. F156
    Sch. 27 para. 29 omitted (31.12.2020) by virtue of The Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780), regs. 1(1), 19(1)(e) (with regs. 19(2), 20) (as amended by S.I. 2020/1408, regs. 1, 49, 50); 2020 c. 1, Sch. 5 para. 1(1)
  625. F157
    Sch. 14 para. 1 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 6(a)
  626. F158
    Sch. 14 para. 2 omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 6(b)
  627. F159
    Sch. 14 para. 6(6) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 6(c)
  628. F160
    Words in Sch. 27 para. 23 substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  629. F161
    S. 98(3)(da) inserted (7.6.2022) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 2 para. 10; S.I. 2022/553, regs. 1(2), 3(b)
  630. F162
    Words in s. 39(6)(b) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 2(3)(b); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))
  631. F163
    Words in s. 39(4)(a) substituted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 2(2); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))
  632. F164
    S. 39(6)(ba) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 2(3)(c); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))
  633. F165
    Word in s. 39(6)(a) inserted (28.4.2022 for specified purposes, 3.7.2023 in relation to specified areas until 3.1.2025) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 161, 208(4)(r), Sch. 17 para. 2(3)(a); S.I. 2023/705, regs. 2, 3, 4(1), Sch. (with reg. 4(2))
  634. C7
    Pt. 10: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(k), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
  635. C8
    Pt. 12: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(k), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
  636. F166
    Words in s. 133(7) substituted (28.6.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss. 40(9), 87(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 20 (with Sch. 2 para. 7)
  637. F167
    Sch. 26 para. 19(4) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(a), 208(5)(p)
  638. F168
    Sch. 26 para. 19(5) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(a), 208(5)(p)
  639. F169
    Sch. 26 para. 33(2) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(b), 208(5)(p)
  640. F170
    Sch. 26 para. 33(3) repealed (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 145(3)(b), 208(5)(p)
  641. F171
    Ss. 1-5 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2; s. 5(2) expressed to be omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 22(3)
  642. F172
    Ss. 1-5 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2; s. 4(1)(a) is expressed to be omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(u), Sch. 17 para. 22(2)
  643. F173
    Words in s. 67(4)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
  644. F174
    Words in s. 113(7)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 16(2)
  645. F175
    S. 113(7)(c) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 16(3)
  646. F176
    Words in Sch. 27 para. 23 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
  647. F177
    Sch. 27 para. 31 substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 16(4)
  648. I463
    S. 121(1)-(3)(5)(6) in force at 11.4.2025 in relation to Welsh NHS premises by S.I. 2025/473, art. 2(c)
  649. I464
    S. 119(4) in force at 11.4.2025 in relation to Welsh NHS premises by S.I. 2025/473, art. 2(a)
  650. I465
    S. 120(5)(6) in force at 11.4.2025 in relation to Welsh NHS premises by S.I. 2025/473, art. 2(b)
  651. I466
    S. 119(1)-(3) in force at 16.1.2026 in relation to to Welsh NHS premises by S.I. 2025/1355, art. 2(a)
  652. I467
    S. 120(1)-(4) in force at 16.1.2026 in relation to to Welsh NHS premises by S.I. 2025/1355, art. 2(b)
  653. I468
    S. 121(4) in force at 16.1.2026 in relation to to Welsh NHS premises by S.I. 2025/1355, art. 2(c)