acthub.
In forceCurrent
PDF XML Source

Criminal Justice and Courts Act 2015

Sections281AmendmentsCases SoonExplanatory Notes Soon
Version
Compare with

Criminal Justice and Courts Act 2015

2015 c. 2

An Act to make provision about how offenders are dealt with before and after conviction; to create offences involving ill-treatment or wilful neglect by a person providing health care or social care; to create an offence of the corrupt or other improper exercise of police powers and privileges; to make provision about offences committed by disqualified drivers; to create an offence of disclosing private sexual photographs or films with intent to cause distress; to amend the offence of meeting a child following sexual grooming; to amend the offence of possession of extreme pornographic images; to make provision about the proceedings and powers of courts and tribunals; to make provision about judicial review; and for connected purposes.

Enacted[12th February 2015]
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  Criminal Justice

Dangerous offenders

I721 Maximum sentence for certain offences to be life imprisonment

1 In section 4 of the Explosive Substances Act 1883 (making or possession of explosive under suspicious circumstances)—
a in subsection (1), for the words from “guilty” to the end substitute “ guilty of an offence ”, and
b after that subsection insert—
2 In section 54(6)(a) of the Terrorism Act 2000 (penalty on conviction on indictment of offence involving weapons training for terrorism), for “imprisonment for a term not exceeding ten years” substitute “ imprisonment for life ”.
3 In section 6(5)(a) of the Terrorism Act 2006 (penalty on conviction on indictment of offence involving training for terrorism), for “imprisonment for a term not exceeding 10 years” substitute “ imprisonment for life ”.
4 The amendments made by this section apply only in relation to an offence committed on or after the day on which they come into force.
5 Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (4) to have been committed on the last of those days.

I732 Specified offences

1 Schedule 15 to the Criminal Justice Act 2003 (specified offences for purposes of Chapter 5 of Part 12 of that Act) is amended as follows.
2 After paragraph 22 (offence under section 3 of the Explosive Substances Act 1883) insert—
3 For paragraph 64 (accessories and inchoate offences: violent offences) substitute—
4 For paragraph 65 (attempt or conspiracy to commit murder) substitute—
5 Omit paragraph 92 (offence of keeping a brothel under section 33 of the Sexual Offences Act 1956).
6 After that paragraph insert—
7 For paragraph 153 (accessories and inchoate offences: sexual offences) substitute—
8 The amendments made by this section apply in relation to a person sentenced for an offence on or after the day on which they come into force, whenever the offence was committed.
9 But subsection (8) does not apply for the purposes of the provisions referred to in subsection (10).
10 For the purposes of sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003 and sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006, the amendments made by subsections (2) and (4) apply only in relation to a person sentenced for an offence that was committed on or after the day on which they come into force.
11 Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (10) to have been committed on the last of those days.

F83 Schedule 15B offences

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

I744 Parole Board release when serving extended sentences

1 Section 246A of the Criminal Justice Act 2003 (release on licence of prisoners serving extended sentences under section 226A or 226B) is amended as follows.
2 In subsection (2) (automatic release at the end of requisite custodial period), for the words from “unless” to the end substitute
3 In subsection (3) (release following Parole Board direction), for “If either or both of those conditions are met” substitute “ In any other case ”.

I75C45 Minor amendments

F91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 218A of the Armed Forces Act 2006 (life sentence for second listed offence), at the end insert—

Other offenders of particular concern

I766 Sentence and Parole Board release for offenders of particular concern

1 Part 1 of Schedule 1 contains—
a provision about the sentence to be imposed on certain offenders of particular concern, and
b provision for such offenders to be released on licence following a Parole Board direction.
2 That Schedule also contains—
a equivalent provision in respect of offenders convicted of service offences (see Part 2),
b transitional and transitory provision (see Part 3), and
c consequential provision (see Part 4).

Release and recall of prisoners

I777 Electronic monitoring following release on licence etc

1 Part 3 of the Criminal Justice and Court Services Act 2000 (dealing with offenders) is amended as follows.
2 In section 62 (release on licence etc: conditions as to monitoring)—
a for subsection (2) substitute—
, and
b after subsection (5) insert—
3 After section 62 insert—
4 Schedule 2 to this Act contains consequential provision.
5 The amendments made by this section and Schedule 2 apply in relation to a person who is released from prison on or after the day on which they come into force.

F368 Recall adjudicators

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

F369 

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

F3610 

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

11 Initial release and release after recall: life sentences

F371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2772 In section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners while on licence), after subsection (5) insert—
I2773 In section 128 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (power to change test for release on licence of certain prisoners), in subsection (3), after paragraph (a) insert—
.
F384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2775 The amendment made by subsection (2) applies in relation to a person recalled before the day on which it comes into force as well as in relation to a person recalled on or after that day.

I7812 Offence of remaining unlawfully at large after recall

1 After section 32 of the Crime (Sentences) Act 1997 (recall of life prisoners) insert—
2 After section 255 of the Criminal Justice Act 2003 (recall of prisoners) insert—
3 Section 32ZA of the Crime (Sentences) Act 1997 and section 255ZA of the Criminal Justice Act 2003 apply in relation to a person recalled to prison before or after this section comes into force.

I7913 Offence of remaining unlawfully at large after temporary release

1 Section 1 of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release) is amended as follows.
2 For subsection (3) substitute—
3 At the end insert—
4 The amendment made by subsection (2) does not apply where the period of temporary release expired, or the order of recall was made, before this section comes into force.

I8014 Definition of “requisite custodial period”

1 Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release etc of fixed-term prisoners) is amended as follows.
2 In section 268 (interpretation of Chapter), after subsection (1) insert—
3 In section 247 (release on licence of prisoner serving extended sentence under section 227 or 228)—
a in subsection (2)(a), for “one-half of the appropriate custodial term” substitute “ the requisite custodial period ”, and
b for subsection (7) substitute—
4 In section 260 (early removal of prisoners liable to removal from United Kingdom), omit subsection (7).
5 In section 261 (re-entry into United Kingdom of offender removed from prison early)—
a in subsection (5), omit paragraph (a),
b in subsection (5)(b)—
i omit “in any other case,” and
ii for “or 246A” substitute “ , 246A or 247 ”, and
c in subsection (6), omit the definition of “requisite custodial period”.
6 In Schedule 20A (application of Chapter 6 of Part 12 to pre-4 April 2005 cases)—
a omit paragraph 8(2) (modification of section 260), and
b after paragraph 8 insert—
7 The amendments made by this section apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

I81C515 Minor amendments and transitional cases

F101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In section 246(4) of the Criminal Justice Act 2003 (cases in which power to release before required to do so is not available), after paragraph (g) insert—
.
5 In section 250 of the Criminal Justice Act 2003 (licence conditions), for subsection (5A) substitute—
6 In section 260(2B) of the Criminal Justice Act 2003 (early removal from prison of extended sentence prisoners liable to removal from United Kingdom), for “section 246A” substitute “ this Chapter ”.
7 In Schedule 20A to the Criminal Justice Act 2003 (application of Chapter 6 of Part 12 to pre-4 April 2005 cases), in paragraph 4 (modification of section 246: power to release before required to do so)—
a number the existing text as sub-paragraph (1),
b in that sub-paragraph, for “Section 246 applies as if, in subsection (4)” substitute “ Section 246(4) applies as if— ”,
c in that sub-paragraph, omit paragraph (c), and
d after that sub-paragraph insert—
8 In Schedule 20B to the Criminal Justice Act 2003 (modifications of Chapter 6 of Part 12 in certain transitional cases), omit paragraph 3(2)(a) (application of Part 2 of the Schedule to an extended sentence under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000).
9 In paragraph 34 of that Schedule (licence conditions in certain transitional cases)—
a in sub-paragraph (1), at the end insert
, and
b in sub-paragraph (6)(a), after “condition” insert “ referred to in section 250(4)(b)(ii) ”.
10 The amendments made by subsections (1), (3) and (4) apply in relation to a person sentenced before the day on which they come into force as well as in relation to a person sentenced on or after that day.

Prisons

I8216 Drugs for which prisoners etc may be tested

1 The Prison Act 1952 is amended as follows.
2 In section 16A (testing prisoners for drugs), in subsection (3)—
a at the end of the definition of “drug” insert “ or specified drug ”,
b omit the “and” that follows the definition of “prison officer”, and
c at the appropriate place insert—
3 In section 47 (rules for the management of prisons etc), after subsection (3) insert—

Cautions etc

I8317 Restrictions on use of cautions

1 This section applies where, in England and Wales, a person aged 18 or over admits that he or she has committed an offence.
2 If the offence is an indictable-only offence, a constable may not give the person a caution except—
a in exceptional circumstances relating to the person or the offence, and
b with the consent of the Director of Public Prosecutions.
3 If the offence is an either-way offence specified by order made by the Secretary of State, a constable may not give the person a caution except in exceptional circumstances relating to the person or the offence.
4 If—
a the offence is a summary offence or an either-way offence not specified under subsection (3), and
b in the two years before the commission of the offence the person has been convicted of, or cautioned for, a similar offence,
a constable may not give the person a caution except in exceptional circumstances relating to the person, the offence admitted or the previous offence.
5 It is for a police officer not below a rank specified by order made by the Secretary of State to determine—
a whether there are exceptional circumstances for the purposes of subsection (2), (3) or (4), and
b whether a previous offence is similar to the offence admitted for the purposes of subsection (4)(b).
6 A determination under subsection (5) must be made in accordance with guidance issued by the Secretary of State.
7 The Secretary of State may by order amend this section so as to provide for a different period for the purposes of subsection (4)(b).
8 For the purposes of this section—
a “caution” does not include a conditional caution under Part 3 of the Criminal Justice Act 2003, but
b a person has been “cautioned for” an offence if he or she has been given a caution, a conditional caution or a youth caution or youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998.
9 In this section—
  • “either-way offence” means an offence triable either way;
  • “indictable-only offence” means an offence which, if committed by an adult, is triable only on indictment.
10 This section applies whether the offence admitted was committed before or after the time when this section comes into force.

I8418 Restrictions on use of cautions: supplementary

1 An order under section 17 may make different provision for different purposes.
2 An order under section 17 must be made by statutory instrument.
3 A statutory instrument containing an order under section 17(3) (specification of either-way offences) is subject to annulment in pursuance of a resolution of either House of Parliament.
4 An order under section 17(7) (change to period in section 17(4)(b)) may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
5 In section 37B of the Police and Criminal Evidence Act 1984 (consultation with the Director of Public Prosecutions), in subsection (7), after “such a caution” insert “ (whether because of section 17 of the Criminal Justice and Courts Act 2015 or for any other reason) ”.

I8519 Alternatives to prosecution: rehabilitation of offenders in Scotland

In Schedule 3 to the Rehabilitation of Offenders Act 1974 (protection for spent alternatives to prosecution: Scotland), at the end insert—

Offences involving ill-treatment or wilful neglect

I8620 Ill-treatment or wilful neglect: care worker offence

1 It is an offence for an individual who has the care of another individual by virtue of being a care worker to ill-treat or wilfully to neglect that individual.
2 An individual guilty of an offence under this section is liable—
a on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both);
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).
3 “Care worker” means an individual who, as paid work, provides—
a health care for an adult or child, other than excluded health care, or
b social care for an adult,
including an individual who, as paid work, supervises or manages individuals providing such care or is a director or similar officer of an organisation which provides such care.
4 An individual does something as “paid work” if he or she receives or is entitled to payment for doing it other than—
a payment in respect of the individual's reasonable expenses,
b payment to which the individual is entitled as a foster parent,
c a benefit under social security legislation, or
d a payment made under arrangements under section 2 of the Employment and Training Act 1973 (arrangements to assist people to select, train for, obtain and retain employment).
5 “Health care” includes—
a all forms of health care provided for individuals, including health care relating to physical health or mental health and health care provided for or in connection with the protection or improvement of public health, and
b procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition,
and “excluded health care” has the meaning given in Schedule 4.
6 “Social care” includes all forms of personal care and other practical assistance provided for individuals who are in need of such care or assistance by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs or any other similar circumstances.
7 References in this section to a person providing health care or social care do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person.
8 In this section—
  • “adult” means an individual aged 18 or over;
  • “child” means an individual aged under 18;
  • “foster parent” means—
    1. a local authority foster parent within the meaning of the Children Act 1989,
    2. a person with whom a child has been placed by a voluntary organisation under section 59(1)(a) of that Act, or
    3. a private foster parent within the meaning of section 53 of the Safeguarding Vulnerable Groups Act 2006.
9 In relation to an offence committed before 2 May 2022, the reference in subsection (2)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
10 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in subsection (2)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

I8721 Ill-treatment or wilful neglect: care provider offence

1 A care provider commits an offence if—
a an individual who has the care of another individual by virtue of being part of the care provider's arrangements ill-treats or wilfully neglects that individual,
b the care provider's activities are managed or organised in a way which amounts to a gross breach of a relevant duty of care owed by the care provider to the individual who is ill-treated or neglected, and
c in the absence of the breach, the ill-treatment or wilful neglect would not have occurred or would have been less likely to occur.
2 “Care provider” means—
a a body corporate or unincorporated association which provides or arranges for the provision of—
i health care for an adult or child, other than excluded health care, or
ii social care for an adult, or
b an individual who provides such care and employs, or has otherwise made arrangements with, other persons to assist him or her in providing such care,
subject to section 22.
3 An individual is “part of a care provider's arrangements” where the individual—
a is not the care provider, but
b provides health care or social care as part of health care or social care provided or arranged for by the care provider,
including where the individual is not the care provider but supervises or manages individuals providing health care or social care as described in paragraph (b) or is a director or similar officer of an organisation which provides health care or social care as described there.
4 A “relevant duty of care” means—
a a duty owed under the law of negligence, or
b a duty that would be owed under the law of negligence but for a provision contained in an Act, or an instrument made under an Act, under which liability is imposed in place of liability under that law,
but only to the extent that the duty is owed in connection with providing, or arranging for the provision of, health care or social care.
5 For the purposes of this section, there is to be disregarded any rule of the common law that has the effect of—
a preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct, or
b preventing a duty of care being owed to a person by reason of that person's acceptance of a risk of harm.
6 A breach of a duty of care by a care provider is a “gross” breach if the conduct alleged to amount to the breach falls far below what can reasonably be expected of the care provider in the circumstances.
7 In this section—
a references to a person providing health care or social care do not include a person whose provision of such care is merely incidental to the carrying out of other activities by the person, and
b references to a person arranging for the provision of such care do not include a person who makes arrangements under which the provision of such care is merely incidental to the carrying out of other activities.
8 References in this section to providing or arranging for the provision of health care or social care do not include making payments under—
a regulations under section 57 of the Health and Social Care Act 2001 (direct payments for community services and carers);
b section 12A of the National Health Act 2006 (direct payments for health care);
ba section 10B of the National Health Service (Wales) Act 2006 (c. 42) (direct payments for health care);
bb regulations under section 10B(6) of the National Health Service (Wales) Act 2006 (direct payments for after-care made by Local Health Boards);
c section 31 or 32 of the Care Act 2014 (direct payments for care and support);
d Schedule A1 to the Social Services and Well-being (Wales) Act 2014 (anaw 4) (direct payments for after-care made by local authorities);
e regulations under section 49A of the Social Services and Well-being (Wales) Act 2014 (direct payments for care and support) where the payment is made towards the cost of meeting the needs of an adult or a carer who is an adult.
9 In this section—
  • “Act” includes an Act or Measure of the National Assembly for Wales;
  • “adult”, “child”, “excluded health care”, “health care” and “social care” have the same meaning as in section 20.

I8822 Care provider offence: excluded care providers

1 A local authority in England is not a care provider for the purposes of section 21 to the extent that it carries out functions to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 applies.
2 A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in England mentioned in subsection (1) in respect of which either of the following has effect—
a a direction under section 15(6)(a) of the Local Government Act 1999 (power of Secretary of State to direct functions of a best value authority to be carried out by another person);
b a direction under section 497A(4) or (4A) of the Education Act 1996 (power of Secretary of State to direct certain functions to be carried out by another person).
3 Where a body corporate has entered into arrangements with a local authority in England under Part 1 of the Children and Young Persons Act 2008 (social work services for children and young persons), the body is not a care provider for the purposes of section 21 to the extent that it carries out relevant care functions of that authority (as defined in that Part of that Act) under those arrangements.
4 A local authority in Wales is not a care provider for the purposes of section 21 to the extent that it—
a carries out functions under Part 2 of the Childcare Act 2006;
b carries out the education functions of the authority (as defined in section 579(1) of the Education Act 1996);
c carries out the social services functions of the authority (as defined in the Local Authority Social Services Act 1970), so far as relating to a child.
5 A person is not a care provider for the purposes of section 21 to the extent that the person carries out a function of a local authority in Wales mentioned in subsection (4) in respect of which any of the following has effect—
a a direction under section 107 of the Local Government and Elections (Wales) Act 2021 (asc 1) (direction that a function be performed by the Welsh Ministers or their nominee);
b a direction under section 25 or 26 of the School Standards and Organisation (Wales) Act 2013 (anaw 1) (powers of Welsh Ministers to direct education functions to be carried out by another person);
c a direction under section 154 or 155 of the Social Services and Well-Being (Wales) Act 2014 (anaw 4) (powers of Welsh Ministers to direct social services functions to be carried out by another person).
6 A registered adoption society or registered adoption support agency is not a care provider for the purposes of section 21 to the extent that it provides adoption support services (as defined in section 2(6) of the Adoption and Children Act 2002).
7 In this section, “local authority” means—
a in England, a county council, a metropolitan district council, a non-metropolitan district council for an area for which there is no county council, a London borough council, the Council of the Isles of Scilly and (in its capacity as a local authority) the Common Council of the City of London, and
b in Wales, a county council or a county borough council.
8 In this section—
  • “child” has the same meaning as in section 20;
  • “registered adoption society” means an adoption society (as defined in section 2 of the Adoption and Children Act 2002) which is a voluntary organisation (as defined in that section) and in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2);
  • “registered adoption support agency” means an adoption support agency (as defined in section 8 of the Adoption and Children Act 2002) in respect of which a person is registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016.

I8923 Care provider offence: penalties

1 A person guilty of an offence under section 21 is liable, on conviction on indictment or summary conviction, to a fine.
2 A court before which a person is convicted of an offence under section 21 may make either or both of the following orders—
a a remedial order;
b a publicity order;
(whether instead of or as well as imposing a fine).
3 A “remedial order” is an order requiring the person to take specified steps to remedy one or more of the following—
a the breach mentioned in section 21(1)(b) (“the relevant breach”);
b any matter that appears to the court to have resulted from the relevant breach and to be connected with the ill-treatment or neglect;
c any deficiency in the person's policies, systems or practices of which the relevant breach appears to the court to be an indication.
4 A “publicity order” is an order requiring the person to publicise in a specified manner—
a the fact that the person has been convicted of the offence;
b specified particulars of the offence;
c the amount of any fine imposed;
d the terms of any remedial order made.
5 A remedial order—
a may be made only on an application by the prosecution which specifies the terms of the proposed order,
b must be made on such terms as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to its terms by the prosecution or by or on behalf of the person convicted, and
c must specify a period within which the steps specified in the order must be taken.
6 A publicity order must specify a period within which the requirements specified in the order must be complied with.
7 A person who fails to comply with a remedial order or a publicity order commits an offence and is liable, on conviction on indictment or summary conviction, to a fine.
8 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, subsections (1) and (7) have effect as if they provided for a fine on summary conviction not exceeding the statutory maximum.

I9024 Care provider offence: application to unincorporated associations

1 For the purposes of sections 21 and 23, an unincorporated association is to be treated as owing whatever duties of care it would owe if it were a body corporate.
2 Proceedings for an offence under those sections alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).
3 In relation to such proceedings, rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
4 In proceedings under section 21 or 23 brought against an unincorporated association, the following apply as they apply in relation to a body corporate—
a section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation);
b Schedule 3 to the Magistrates' Courts Act 1980 (provision about corporation charged with offence before a magistrates' court).
5 A fine imposed on an unincorporated association on its conviction of an offence under section 21 or 23 is to be paid out of the funds of the association.

I9125 Care provider offence: liability for ancillary and other offences

1 An individual cannot be guilty of—
a aiding, abetting, counselling or procuring the commission of an offence under section 21, or
b an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) by reference to an offence under section 21.
2 Where, in the same proceedings, there is—
a a charge under section 21 arising out of a particular set of circumstances, and
b a charge against the same defendant of a relevant offence arising out of some or all of those circumstances,
the defendant may, if the interests of justice so require, be convicted of both offences.
3 A person convicted of an offence under section 21 arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a relevant offence arising out of some or all of those circumstances.
4 “Relevant offence” means an offence under an Act, or an instrument made under an Act, dealing with—
a health and safety matters, or
b the provision of health care or social care.
5 In this section—
  • “Act” includes an Act or Measure of the National Assembly for Wales;
  • “health care” and “social care” have the same meaning as in section 20.

Offences involving police or prison officers

I9226 Corrupt or other improper exercise of police powers and privileges

1 A police constable listed in subsection (3) commits an offence if he or she—
a exercises the powers and privileges of a constable improperly, and
b knows or ought to know that the exercise is improper.
2 A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).
3 The police constables referred to in subsection (1) are—
a a constable of a police force in England and Wales;
b a special constable for a police area in England and Wales;
c a constable or special constable of the British Transport Police Force;
d a constable of the Civil Nuclear Constabulary;
e a constable of the Ministry of Defence Police;
f a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.
4 For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—
a he or she exercises a power or privilege of a constable for the purpose of achieving—
i a benefit for himself or herself, or
ii a benefit or a detriment for another person, and
b a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.
5 For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).
6 The first case is where—
a the police constable fails to exercise a power or privilege of a constable,
b the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and
c a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.
7 The second case is where—
a the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,
b the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and
c a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.
8 An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.
9 In this section—
  • “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;
  • “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom's territorial sea.
10 References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.
11 Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

F1127 Term of imprisonment for murder of police or prison officer

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

Repeat offences involving offensive weapons etc

I225C628 Minimum sentence for repeat offences involving offensive weapons etc

F121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Schedule 5 to this Act contains consequential provision.

Driving offences

I9329 Offences committed by disqualified drivers

1 After section 3ZB of the Road Traffic Act 1988 insert—
2 In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts) at the appropriate place insert—
.
3 In the entries in Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 relating to an offence under section 3ZD of the Road Traffic Act 1988—
a in relation to an offence committed before 2 May 2022, the reference in column 4 to the general limit in a magistrates’ court on summary conviction in England and Wales is to be read as a reference to 6 months, and
b in relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in column 4 to a fine on summary conviction in England and Wales is to be read as a reference to the statutory maximum.
4 Schedule 6 to this Act contains further amendments relating to the offences under sections 3ZC and 3ZD of the Road Traffic Act 1988.
5 The amendments made by this section and Schedule 6 have effect only in relation to driving which occurs after they come into force.

I9430 Extension of disqualification from driving where custodial sentence also imposed

1 In section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed)—
a in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,
b in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and
c omit subsection (6) (definition of “relevant discount”).
2 In section 147A of the Powers of Criminal Courts (Sentencing) Act 2000 (extension of disqualification where custodial sentence also imposed)—
a in subsection (4)(e) and (f), omit “calculated after that term has been reduced by any relevant discount”,
b in subsection (4)(h), omit “calculated after that sentence has been reduced by any relevant discount”, and
c omit subsection (6) (definition of “relevant discount”).
3 In consequence of the amendments made by subsections (1) and (2), omit paragraphs 8 and 12 of Schedule 13 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

I131 Mutual recognition of driving disqualification in UK and Republic of Ireland

I2501 Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.
I2502 For the heading of the Chapter substitute “ Mutual recognition of driving disqualification in UK and Republic of Ireland ”.
I2503 In section 54 (application of duty of the UK to give notice of driving disqualification)—
a in subsection (1), for paragraph (a) substitute—
b after subsection (1) insert—
I2504 In section 56(1) (application of duty of the UK to recognise driving disqualification imposed outside the UK), for paragraph (a) substitute—
.
I2515 After section 71 insert—
6 In Schedule 7 to this Act—
I252a Part 1 contains further provision for the purpose of implementing an agreement between the United Kingdom and the Republic of Ireland on the mutual recognition of driving disqualification;
b Part 2 contains provision about the transition from the EU Convention on driving disqualification to that agreement.

Offences involving intent to cause distress etc

I9532 Sending letters etc with intent to cause distress or anxiety

1 In section 1 of the Malicious Communications Act 1988 (offence of sending letters etc with intent to cause distress or anxiety), for subsection (4) substitute—
2 The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.

F4933 Disclosing , or threatening to disclose, private sexual photographs and films with intent to cause distress

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

F4934 Meaning of “disclose” and “photograph or film”

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

F4935 Meaning of “private” and “sexual”

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

Offences involving sexual grooming or pornographic images

I9636 Meeting a child following sexual grooming etc

1 In section 15(1)(a) of the Sexual Offences Act 2003 (meeting a child following sexual grooming etc), for “on at least two occasions” substitute “ on one or more occasions ”.
2 In a case in which person A met or communicated with person B only once before the event mentioned in section 15(1)(a)(i) to (iii) of the Sexual Offences Act 2003, an offence under that section is committed only if the meeting or communication took place after this section comes into force.

I9737 Possession of pornographic images of rape and assault by penetration

1 Part 5 of the Criminal Justice and Immigration Act 2008 is amended as follows.
2 In section 63 (possession of extreme pornographic images)—
a after subsection (5) insert—
,
b in subsection (6), for “An” substitute “ In relation to possession of an image in Northern Ireland, an ”, and
c after subsection (7) insert—
3 In section 66 (defence: participation in consensual acts)—
a before subsection (1) insert—
, and
b in subsection (1)—
i for “This section” substitute “ Subsection (2) ”, and
ii after “where” insert “ in Northern Ireland ”.
4 In section 67 (penalties for possession of extreme pornographic images)—
a in subsection (2), for “Except where subsection (3) applies to the offence” substitute “ If the offence relates to an image that portrays any relevant act (with or without other acts) ”,
b in subsection (3), for “act within section 63(7)(a) or (b)” substitute “ relevant act ”, and
c after subsection (4) insert—
5 In Schedule 14 (special rules relating to providers of information society services)—
a after paragraph 1(3) insert—
, and
b omit paragraph 6(2).

PART 2  Young offenders

Detention of young offenders

38I2 Secure colleges and other places for detention of young offenders etc

1 For section 43 of the Prison Act 1952 and the italic heading before it substitute—
2 In section 52 of the Prison Act 1952 (orders, rules and regulations), after subsection (2) insert—
3 Schedule 9 to this Act contains further amendments relating to secure colleges and other places for the detention of young offenders.

39I3 Contracting out secure colleges

In Schedule 10—
a Part 1 makes provision about contracting out the provision and running of secure colleges,
b Part 2 makes provision about the certification of secure college custody officers,
c Part 3 makes provision about contracting out functions at directly managed secure colleges,
d Part 4 contains definitions, and
e Part 5 contains further amendments relating to contracted-out secure colleges.

I9840 Powers of Youth Justice Board in relation to provision of accommodation

1 Section 41(5)(i) of the Crime and Disorder Act 1998 (functions of the Youth Justice Board of entering into agreements for the provision of accommodation) is amended as follows.
2 In sub-paragraph (ii)—
a after “2000” insert “ , section 226, 226B or 228 of the Criminal Justice Act 2003 ”, and
b for “or 218” substitute “ 218, 221, 221A or 222 ”.
3 Omit sub-paragraphs (v) and (vi).

Other matters

I9941 Youth cautions and conditional cautions: involvement of appropriate adults

1 The Crime and Disorder Act 1998 is amended as follows.
2 In section 66ZA (youth cautions)—
a in subsection (2) (caution to be given in presence of appropriate adult), omit “given to a person under the age of 17”, and
b in subsection (3)(b) (certain matters to be explained to appropriate adult), omit “where that person is under the age of 17,”.
3 In section 66B(5) (requirements for giving youth conditional cautions: explanation and warning to be given in presence of appropriate adult), omit “If the offender is aged 16 or under,”.

I22942 Duties of custody officer after charge: arrested juveniles

In section 37(15) of the Police and Criminal Evidence Act 1984 (definitions for the purposes of provisions about detention in Part 4 of that Act), in the definition of “arrested juvenile”, for “under the age of 17” substitute “ under the age of 18 ”.

F2643 Referral orders: alternatives to revocation for breach of youth offender contract

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

F2644 Referral orders: extension on further conviction

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

F2645 Referral orders: revocation on further conviction

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

PART 3  Courts and tribunals

Trial by single justice on the papers

I10046 Instituting proceedings by written charge

1 Section 29 of the Criminal Justice Act 2003 (public prosecutor to institute proceedings by written charge) is amended as follows.
2 In subsection (1), for “public prosecutor” substitute “ relevant prosecutor ”.
3 For subsection (2) substitute—
4 In subsection (3), for “The” substitute “ Where a relevant prosecutor issues a written charge and a requisition, the ”.
5 After subsection (3) insert—
6 After subsection (3B) insert—
7 In subsection (4), for the words from the beginning to “public prosecutor” substitute “ A relevant prosecutor authorised to issue a requisition ”.
8 In subsection (5), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.
9 After subsection (5) insert—
10 A person who immediately before the commencement of this section is—
a a person specified in an order under section 29(5)(h) of the Criminal Justice Act 2003, or
b a person authorised by a person so specified to institute criminal proceedings,
is to be treated after the commencement of this section as authorised to issue requisitions and single justice procedure notices (subject to the order specifying that person being varied or revoked).

I10147 Instituting proceedings: further provision

1 Section 30 of the Criminal Justice Act 2003 (further provision about method of instituting proceedings in section 29) is amended as follows.
2 In subsection (1)—
a in paragraph (a), for “or requisitions” substitute “ , requisitions or single justice procedure notices ”, and
b in paragraph (b), for “or requisitions” substitute “ , requisitions or single justice procedure notices ”.
3 In subsection (2)(b), after “further requisitions” insert “ or further single justice procedure notices ”.
4 In subsection (5)—
a in paragraph (b), for “public prosecutor” substitute “ relevant prosecutor ”, and
b after paragraph (b) insert
5 After subsection (7) insert—
6 In subsection (8)—
a for “ “public prosecutor”,” substitute “ “relevant prosecutor”, ”, and
b after “ “requisition”” insert “ , “single justice procedure notice” ”.

I10248 Trial by single justice on the papers

1 The Magistrates' Courts Act 1980 is amended as follows.
2 In section 11 (non-appearance of accused: general provisions)—
a in subsection (1), for “and (4)” substitute “ , (4) and (8) ”, and
b after subsection (7) insert—
3 After section 16 insert—

I10349 Trial by single justice on the papers: sentencing etc

In section 121 of the Magistrates' Courts Act 1980 (constitution etc of a magistrates' court), after subsection (5) insert—

I10450 Further amendments

Schedule 11 contains further amendments relating to the provision made by sections 46 to 49.

Time limit for bringing certain criminal proceedings

I10551 Offence of improper use of public electronic communications network

1 In section 127 of the Communications Act 2003 (improper use of public electronic communications network), at the end insert—
2 The amendment made by this section applies only in relation to an offence committed on or after the day on which it comes into force.

Committal to Crown Court

52 Low-value shoplifting: mode of trial

1 In section 22A of the Magistrates' Courts Act 1980 (low-value shoplifting), in subsection (2) (right to elect trial by Crown Court), for paragraph (b) substitute—
2 In section 51 of the Crime and Disorder Act 1998 (sending cases to Crown Court: adults), in subsection (2)(b), after “21,” insert “ 22A(2)(b), ”.

F1353 Committal of young offenders convicted of certain serious offences

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

Costs of criminal courts

I106C754 Criminal courts charge

F141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In Part 1 of Schedule 9 to the Administration of Justice Act 1970 (cases where payment enforceable as on summary conviction)—
a after paragraph 9 insert—
,
b re-number paragraph 13 as paragraph 12A, and
c re-number paragraph 13A as paragraph 12B.
3 Schedule 12 to this Act makes further provision about the criminal courts charge.
F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I10755 Duty to review criminal courts charge

1 After the end of the initial period, the Lord Chancellor must carry out a review of the operation of Part 2A of the Prosecution of Offences Act 1985 (inserted by section 54 of this Act).
2 “The initial period” is the period of 3 years beginning with the day on which section 54(1) comes into force.
3 If the Lord Chancellor considers it appropriate, having regard to the conclusions reached on the review, the Lord Chancellor must by regulations repeal Part 2A of the Prosecution of Offences Act 1985.
4 Regulations under this section may include consequential, transitional, transitory and saving provision, including provision amending an Act (whenever passed or made).
5 Regulations under this section are to be made by statutory instrument.
6 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Collection of fines etc

I10856 Variation of collection orders etc

1 Schedule 5 to the Courts Act 2003 (collection of fines and other sums imposed on conviction) is amended as follows.
2 For paragraph 21 (application of Part 6: variation of collection orders containing payment terms) substitute—
3 In paragraph 22 (variation of collection order)—
a omit sub-paragraph (1),
b in sub-paragraph (2), for “P may apply for” substitute “ P may at any time apply to the fines officer under this paragraph for ”,
c in sub-paragraph (4)(a), omit “in P's favour”,
d after sub-paragraph (4) insert—
, and
e for sub-paragraph (7) substitute—
4 In paragraph 25 (application of Part 7: effect of first default on collection order containing payment terms), for paragraphs (a) and (b) substitute—
.
5 In paragraph 31 (variation of reserve terms)—
a for sub-paragraph (1) substitute—
,
b in sub-paragraph (3)(a), omit “in P's favour”, and
c after sub-paragraph (3) insert—
6 In paragraph 37 (functions of fines officer in relation to defaulters: referral or further steps notice), in sub-paragraph (1)(c), for sub-paragraphs (i) and (ii) substitute—
.

Civil proceedings relating to personal injury

I10957 Personal injury claims: cases of fundamental dishonesty

1 This section applies where, in proceedings on a claim for damages in respect of personal injury (“the primary claim”)—
a the court finds that the claimant is entitled to damages in respect of the claim, but
b on an application by the defendant for the dismissal of the claim under this section, the court is satisfied on the balance of probabilities that the claimant has been fundamentally dishonest in relation to the primary claim or a related claim.
2 The court must dismiss the primary claim, unless it is satisfied that the claimant would suffer substantial injustice if the claim were dismissed.
3 The duty under subsection (2) includes the dismissal of any element of the primary claim in respect of which the claimant has not been dishonest.
4 The court's order dismissing the claim must record the amount of damages that the court would have awarded to the claimant in respect of the primary claim but for the dismissal of the claim.
5 When assessing costs in the proceedings, a court which dismisses a claim under this section must deduct the amount recorded in accordance with subsection (4) from the amount which it would otherwise order the claimant to pay in respect of costs incurred by the defendant.
6 If a claim is dismissed under this section, subsection (7) applies to—
a any subsequent criminal proceedings against the claimant in respect of the fundamental dishonesty mentioned in subsection (1)(b), and
b any subsequent proceedings for contempt of court against the claimant in respect of that dishonesty.
7 If the court in those proceedings finds the claimant guilty of an offence or of contempt of court, it must have regard to the dismissal of the primary claim under this section when sentencing the claimant or otherwise disposing of the proceedings.
8 In this section—
  • “claim” includes a counter-claim and, accordingly, “claimant” includes a counter-claimant and “defendant” includes a defendant to a counter-claim;
  • “personal injury” includes any disease and any other impairment of a person's physical or mental condition;
  • “related claim” means a claim for damages in respect of personal injury which is made—
    1. in connection with the same incident or series of incidents in connection with which the primary claim is made, and
    2. by a person other than the person who made the primary claim.
9 This section does not apply to proceedings started by the issue of a claim form before the day on which this section comes into force.

I11058 Rules against inducements to make personal injury claims

1 A regulated person is in breach of this section if—
a the regulated person offers another person a benefit or is treated as doing so under subsection (4),
b the offer of the benefit is an inducement to make a claim in civil proceedings for—
i damages for personal injury or death, or
ii damages arising out of circumstances involving personal injury or death, and
c the benefit is not related to the provision of legal services in connection with the claim.
2 An offer of a benefit to another person is an inducement to make a claim if the offer of the benefit—
a is intended to encourage the person to make a claim or to seek advice from a regulated person with a view to making a claim, or
b is likely to have the effect of encouraging the person to do so.
3 An offer of a benefit may be an inducement to make a claim regardless of—
a when or by what means the offer is made,
b whether the receipt of the benefit pursuant to the offer is subject to conditions,
c when the benefit may be received pursuant to the offer, or
d whether the benefit may be received by the person to whom the offer is made or by a third party.
4 If a person other than a regulated person offers a benefit in accordance with arrangements made by or on behalf of a regulated person—
a the regulated person is to be treated as offering the benefit, and
b the offer of the benefit is to be treated as satisfying subsection (2)(a) if the arrangements were intended to encourage people to make claims or seek advice from a regulated person with a view to making a claim.
5 The Lord Chancellor may by regulations make provision as to the circumstances in which a benefit is related to the provision of legal services in connection with a claim, including provision about benefits relating to—
a fees to be charged in respect of the legal services,
b expenses which are or would be necessarily incurred in connection with the claim, or
c insurance to cover legal costs and expenses in connection with the claim.

I11159 Effect of rules against inducements

1 The relevant regulator must ensure that it has appropriate arrangements for monitoring and enforcing the restriction imposed on regulated persons by section 58.
2 A regulator may make rules for the purposes of subsection (1).
3 The rules may in particular provide that, in relation to anything done in breach of that section, the relevant regulator may exercise any powers that the regulator would have in relation to anything done by the regulated person in breach of another restriction (subject to subsection (4)).
4 A breach of section 58—
a does not make a person guilty of an offence, and
b does not give rise to a right of action for breach of statutory duty.
5 Subsection (6) applies in a case where—
a a regulated person has offered a benefit to a person or is treated as having done so under section 58(4), and
b it appears to the regulator that the offer of the benefit is an inducement to make a claim as mentioned in section 58(1)(b).
6 Rules under subsection (2) may provide for the offer of the benefit to the person to be treated as an inducement to make a claim as mentioned in section 58(1)(b) unless the regulated person shows—
a that the benefit was offered for a reason other than encouraging the person to make a claim or to seek advice from a regulated person with a view to making a claim, or
b that the benefit is related to the provision of legal services in connection with the claim (see regulations under section 58(5)).

I11260 Inducements: interpretation

1 In relation to an offer of a benefit which is an inducement to make a claim in civil proceedings for damages for personal injury or death or arising out of circumstances involving personal injury or death—
a a regulator is any person listed in column 1 below;
b a regulated person is any person listed in column 2;
c a regulator in column 1 is the relevant regulator in relation to the corresponding person in column 2.
RegulatorRegulated person
The General Council of the BarA person authorised by the Council to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
The Chartered Institute of Legal ExecutivesA person authorised by the Institute to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
The Law SocietyA person authorised by the Society to carry on a reserved legal activity within the meaning of the Legal Services Act 2007
A licensing authority for the purposes of Part 5 of the Legal Services Act 2007 (alternative business structures)A person who is licensed by the authority to carry on a reserved legal activity
A regulatory body specified for the purposes of this section in regulations made by the Lord ChancellorA person of a description specified for the purposes of this section in regulations made by the Lord Chancellor in relation to the body specified under column 1
2 For the purposes of this section and sections 58 and 59—
  • “benefit” means—
    1. any benefit, whether or not in money or other property and whether temporary or permanent, and
    2. any opportunity to obtain a benefit;
  • “claim” includes a counter-claim;
  • “legal services” means services provided by a person which consist of or include legal activities (within the meaning of the Legal Services Act 2007) carried on by or on behalf of that person;
  • “personal injury” includes any disease and any other impairment of a person's physical or mental condition.
3 For the purposes of this section and section 59 whether an offer of a benefit is an inducement to make a claim is to be determined in accordance with section 58.

I11361 Inducements: regulations

1 This section applies to regulations under section 58 or 60.
2 The regulations are to be made by statutory instrument.
3 The regulations may include consequential, supplementary, incidental, transitional, transitory or saving provision.
4 Regulations under section 58 may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
5 A statutory instrument containing regulations under section 60 is subject to annulment in pursuance of a resolution of either House of Parliament.

Appeals in civil proceedings

62 Appeals from the Court of Protection

1 Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of Protection) is amended as follows.
2 For subsection (2) substitute—
3 Omit subsection (3).
4 In subsection (4)(d), omit “higher”.

I11463 Appeals from the High Court to the Supreme Court

1 Part 2 of the Administration of Justice Act 1969 (appeal from High Court to Supreme Court) is amended as follows.
2 In section 12 (grant of a certificate by the trial judge enabling an appeal to the Supreme Court), in subsection (1)—
a in paragraph (a), after “those proceedings” insert “ or that the conditions in subsection (3A) (“the alternative conditions”) are satisfied in relation to those proceedings ”, and
b omit paragraph (c) (requirement that all parties consent to the grant of the certificate) and the “and” before it.
3 After subsection (3) insert—
4 In section 16 (application of Part 2 to Northern Ireland), after subsection (1) insert—

I23964 Appeals from the Upper Tribunal to the Supreme Court

In the Tribunals, Courts and Enforcement Act 2007, after section 14 insert—

I24065 Appeals from the Employment Appeal Tribunal to the Supreme Court

In the Employment Tribunals Act 1996, after section 37 insert—

I27666 Appeals from the Special Immigration Appeals Commission to the Supreme Court

1 The Special Immigration Appeals Commission Act 1997 is amended as follows.
2 Before section 8 insert—
3 In section 1(4) (challenges to decisions of the Commission), after “section 7” insert “ and sections 7B to 7D ”.
4 In section 7(3) (appeals from the Commission: definition of “the appropriate appeal court”), after “In this section” insert “ and sections 7B to 7D ”.
5 In section 8 (procedure on applications for leave to appeal)—
a in subsection (1), at the end insert “ or for the grant of a certificate under section 7B ”, and
b in subsection (2), omit “for leave to appeal”.
6 In the heading of section 8, after “leave to appeal” insert “ etc ”.

Costs in civil proceedings

I11567 Wasted costs in certain civil proceedings

1 Section 51 of the Senior Courts Act 1981 (costs in civil division of Court of Appeal, High Court, family court and county court) is amended as follows.
2 After subsection (7) (wasted costs) insert—
3 After subsection (12) insert—

Juries and members of the Court Martial

68 Upper age limit for jury service to be 75

I245I2471 The Juries Act 1974 is amended as follows.
I2482 In section 1(1)(a) (qualification for jury service), for the words from “and” to the end substitute “ and aged eighteen or over but under seventy six ”.
I2463 In section 3(1) (electoral register as basis of jury selection), for “less than eighteen or more than seventy years of age” substitute
.

I11669 Jurors and electronic communications devices

In the Juries Act 1974, after section 15 insert—

I11770 Jurors and electronic communications devices: powers of search etc

1 Part 4 of the Courts Act 2003 (court security officers) is amended as follows.
2 After section 54 insert—
3 In section 55 (powers to retain articles surrendered or seized)—
a after subsection (1) insert—
, and
b in subsection (2), for paragraph (a) substitute—
.
4 In section 56(1)(a) (regulations about retention of articles)—
a in sub-paragraph (i), after “54(1)” insert “ or 54A(4)(a) ”, and
b in sub-paragraph (ii), after “54(2)” insert “ or 54A(4)(b) ”.

I11871 Research by jurors

1 The Juries Act 1974 is amended as follows.
2 For the heading of section 20 substitute “ Offences: failure to attend, serving while disqualified etc ”.
3 After section 20 insert—

I11972 Sharing research with other jurors

In the Juries Act 1974, after section 20A insert—

I12073 Jurors engaging in other prohibited conduct

In the Juries Act 1974, after section 20B insert—

I12174 Disclosing jury's deliberations

1 In the Juries Act 1974, after section 20C insert—
2 In the Contempt of Court Act 1981, as it extends to England and Wales, section 8 (confidentiality of jury's deliberations) is repealed.
3 In section 8(1) of that Act, as it extends to Scotland and Northern Ireland, at the beginning insert “ In Scotland and Northern Ireland, ”.
4 In the heading of that section, at the end insert “ : Scotland and Northern Ireland ”.

I12275 Juries at inquests

Schedule 13 makes provision about juries at inquests and their deliberations.

I12376 Members of the Court Martial

Schedule 14 makes provision about members of the Court Martial and their deliberations.

I12477 Supplementary provision

1 In Schedule 1 to the Juries Act 1974 (persons disqualified for jury service), after paragraph 6 insert—
2 In section 22 of the Juries Act 1974 (consequential amendments, savings and repeals), at the beginning insert—

Reporting restrictions

I12578 Lifetime reporting restrictions in criminal proceedings for witnesses and victims under 18

1 The Youth Justice and Criminal Evidence Act 1999 is amended as follows.
2 After section 45 (power to restrict reporting of criminal proceedings involving persons under 18) insert—
3 In section 49 (offences under Chapter 4)—
a after subsection (1) insert—
, and
b at the end insert—
4 In section 50 (defences)—
a after subsection (6) insert—
, and
b in subsection (8), after “defence” insert “ by virtue of subsections (5) to (7) ”.

I12679 Reporting restrictions in proceedings other than criminal proceedings

1 Section 39 of the Children and Young Persons Act 1933 (power to prohibit publication of certain matter in newspapers) is amended as follows.
2 In subsection (1)—
a after “any proceedings” insert “ , other than criminal proceedings, ”, and
b after “direct that” insert “ the following may not be included in a publication ”.
3 In subsection (1)(a)—
a omit “no newspaper report of the proceedings shall reveal”, and
b omit “, or include any particulars calculated to lead to the identification,”.
4 In subsection (1), after paragraph (a) insert—
.
5 In subsection (1)(b)—
a for “no picture shall be published in any newspaper as being or including” substitute “ a picture that is or includes ”, and
b omit “as aforesaid”.
6 In subsection (2), for “publishes any matter” substitute “ includes matter in a publication ”.
7 After subsection (2) insert—
8 In the heading of that section, omit “in newspapers”.
9 After that section insert—
10 In section 57(3) of the Children and Young Persons Act 1963 (extending section 39 of the Children and Young Persons Act 1933 to Scotland) after paragraph (a) (but before “and”) insert—
.
11 In consequence of the amendment made by subsection (2)(a), omit paragraph 2 of Schedule 2 to the Youth Justice and Criminal Evidence Act 1999.
12 Subsection (2)(a) does not affect the operation of section 39 of the Children and Young Persons Act 1933 in relation to criminal proceedings instituted before the day on which it comes into force.
13 For the purposes of subsection (12)—
a proceedings other than proceedings on appeal are instituted when proceedings are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985, in accordance with section 15(2) of that Act;
b proceedings on appeal are instituted when the notice of appeal is given or the reference under section 9 or 11 of the Criminal Appeal Act 1995 is made.

I12780 Reporting restrictions: information society services

Schedule 15 makes special provision in connection with the operation of the following in relation to persons providing information society services—
a section 39 of the Children and Young Persons Act 1933;
b section 49 of the Youth Justice and Criminal Evidence Act 1999 as it applies to a publication that includes matter in contravention of a direction under section 45A(2) of that Act.

Other matters

I12881 Representations to Parliament by the President of the Supreme Court

1 Section 5 of the Constitutional Reform Act 2005 (representations to Parliament) is amended as follows.
2 At the beginning insert—
3 In subsections (2) and (3), for “those matters” substitute “ the matters mentioned in subsections (A1) and (1) ”.

I12982 The supplementary panel of the Supreme Court

In section 39(4) of the Constitutional Reform Act 2005 (circumstances in which a judge of the Supreme Court or a senior territorial judge becomes a member of the supplementary panel), after “ while he holds such office ” insert “ or within 2 years of ceasing to hold such office ”.

I13083 Minor amendments

F161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 In section 13(6A)(a) of the Tribunals, Courts and Enforcement Act 2007 (rules of court about when the Court of Session may grant permission to appeal against a decision of the Upper Tribunal), after “principle” insert “ or practice ”.

PART 4  Judicial review

Judicial review in the High Court and Upper Tribunal

84 Likelihood of substantially different outcome for applicant

I1311 In section 31 of the Senior Courts Act 1981 (applications for judicial review), after subsection (2) insert—
I1312 In that section, before subsection (4) insert—
I1313 In that section, after subsection (7) insert—
I2414 In section 15 of the Tribunals, Courts and Enforcement Act 2007 (the Upper Tribunal's “judicial review” jurisdiction), after subsection (5) insert—
I2415 In section 16 of the Tribunals, Courts and Enforcement Act 2007 (application for relief under section 15(1)), before subsection (4) insert—
I2416 In that section, after subsection (6) insert—

85 Provision of information about financial resources

1 In section 31(3) of the Senior Courts Act 1981 (applications for leave to apply for judicial review)—
a after second “unless” insert
, and
b at the end insert
2 In that section, after subsection (3) insert—
3 In section 16(3) of the Tribunals, Courts and Enforcement Act 2007 (applications for permission or leave to apply for relief under section 15(1): Upper Tribunal's “judicial review” jurisdiction)—
a after “unless” insert
, and
b at the end insert
4 In that section, after subsection (3) insert—

86 Use of information about financial resources

1 This section applies when the High Court, the Upper Tribunal or the Court of Appeal is determining by whom and to what extent costs of or incidental to judicial review proceedings are to be paid.
2 The information to which the court or tribunal must have regard includes—
a information about the financing of the proceedings provided in accordance with section 31(3)(b) of the Senior Courts Act 1981 or section 16(3)(b) of the Tribunals, Courts and Enforcement Act 2007, and
b any supplement to that information provided in accordance with rules of court or Tribunal Procedure Rules.
3 The court or tribunal must consider whether to order costs to be paid by a person, other than a party to the proceedings, who is identified in that information as someone who is providing financial support for the purposes of the proceedings or likely or able to do so.
4 In this section “judicial review proceedings” means—
a proceedings on an application for leave to apply for judicial review,
b proceedings on an application for judicial review,
c proceedings on an application for permission to apply for relief under section 15 of the Tribunals, Courts and Enforcement Act 2007 in a case arising under the law of England and Wales,
d proceedings on an application for such relief in such a case,
e any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a), (b), (c) or (d), and
f proceedings on an appeal from such a decision.

I13287 Interveners and costs

1 This section applies where—
a a person is granted permission to file evidence or make representations in judicial review proceedings, and
b at that time, the person is not a relevant party to the proceedings.
2 That person is referred to in this section as an “intervener”.
3 A relevant party to the proceedings may not be ordered by the High Court or the Court of Appeal to pay the intervener's costs in connection with the proceedings.
4 Subsection (3) does not prevent the court making an order if it considers that there are exceptional circumstances that make it appropriate to do so.
5 On an application to the High Court or the Court of Appeal by a relevant party to the proceedings, if the court is satisfied that a condition described in subsection (6) is met in a stage of the proceedings that the court deals with, the court must order the intervener to pay any costs specified in the application that the court considers have been incurred by the relevant party as a result of the intervener's involvement in that stage of the proceedings.
6 Those conditions are that—
a the intervener has acted, in substance, as the sole or principal applicant, defendant, appellant or respondent;
b the intervener's evidence and representations, taken as a whole, have not been of significant assistance to the court;
c a significant part of the intervener's evidence and representations relates to matters that it is not necessary for the court to consider in order to resolve the issues that are the subject of the stage in the proceedings;
d the intervener has behaved unreasonably.
7 Subsection (5) does not require the court to make an order if it considers that there are exceptional circumstances that make it inappropriate to do so.
8 In determining whether there are exceptional circumstances that are relevant for the purposes of subsection (4) or (7), the court must have regard to criteria specified in rules of court.
9 In this section, “judicial review proceedings” means—
a proceedings on an application for leave to apply for judicial review,
b proceedings on an application for judicial review,
c any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and
d proceedings on an appeal from such a decision,
and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.
10 For the purposes of this section, “a relevant party” to judicial review proceedings means any of the following—
a a person who is or has been an applicant or defendant in the proceedings described in subsection (9)(a), (b) or (c);
b a person who is or has been an appellant or respondent in the proceedings described in subsection (9)(d);
c any other person who is or has been directly affected by the proceedings and on whom the application for judicial review, or for leave to apply for judicial review, has been served.
11 If a person who is an intervener in judicial review proceedings becomes a relevant party to the proceedings, the person is to be treated for the purposes of subsections (3) and (5) as having been a relevant party, rather than an intervener, at all times when involved in the proceedings.

I242C288 Capping of costs

1 A costs capping order may not be made by the High Court or the Court of Appeal in connection with judicial review proceedings except in accordance with this section and sections 89 and 90.
2 A “costs capping order” is an order limiting or removing the liability of a party to judicial review proceedings to pay another party's costs in connection with any stage of the proceedings.
3 The court may make a costs capping order only if leave to apply for judicial review has been granted.
4 The court may make a costs capping order only on an application for such an order made by the applicant for judicial review in accordance with rules of court.
5 Rules of court may, in particular, specify information that must be contained in the application, including—
a information about the source, nature and extent of financial resources available, or likely to be available, to the applicant to meet liabilities arising in connection with the application, and
b if the applicant is a body corporate that is unable to demonstrate that it is likely to have financial resources available to meet such liabilities, information about its members and about their ability to provide financial support for the purposes of the application.
6 The court may make a costs capping order only if it is satisfied that—
a the proceedings are public interest proceedings,
b in the absence of the order, the applicant for judicial review would withdraw the application for judicial review or cease to participate in the proceedings, and
c it would be reasonable for the applicant for judicial review to do so.
7 The proceedings are “public interest proceedings” only if—
a an issue that is the subject of the proceedings is of general public importance,
b the public interest requires the issue to be resolved, and
c the proceedings are likely to provide an appropriate means of resolving it.
8 The matters to which the court must have regard when determining whether proceedings are public interest proceedings include—
a the number of people likely to be directly affected if relief is granted to the applicant for judicial review,
b how significant the effect on those people is likely to be, and
c whether the proceedings involve consideration of a point of law of general public importance.
9 The Lord Chancellor may by regulations amend this section by adding, omitting or amending matters to which the court must have regard when determining whether proceedings are public interest proceedings.
10 Regulations under this section are to be made by statutory instrument.
11 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
12 In this section and sections 89 and 90—
  • “costs capping order” has the meaning given in subsection (2);
  • “the court” means the High Court or the Court of Appeal;
  • “judicial review proceedings” means—
    1. proceedings on an application for leave to apply for judicial review,
    2. proceedings on an application for judicial review,
    3. any proceedings on an application for leave to appeal from a decision in proceedings described in paragraph (a) or (b), and
    4. proceedings on an appeal from such a decision,
    and the proceedings described in paragraphs (a) to (d) are “stages” of judicial review proceedings.
13 For the purposes of this section and section 89, in relation to judicial review proceedings—
a the applicant for judicial review is the person who is or was the applicant in the proceedings on the application for judicial review, and
b references to relief being granted to the applicant for judicial review include the upholding on appeal of a decision to grant such relief at an earlier stage of the proceedings.

I243C389 Capping of costs: orders and their terms

1 The matters to which the court must have regard when considering whether to make a costs capping order in connection with judicial review proceedings, and what the terms of such an order should be, include—
a the financial resources of the parties to the proceedings, including the financial resources of any person who provides, or may provide, financial support to the parties;
b the extent to which the applicant for the order is likely to benefit if relief is granted to the applicant for judicial review;
c the extent to which any person who has provided, or may provide, the applicant with financial support is likely to benefit if relief is granted to the applicant for judicial review;
d whether legal representatives for the applicant for the order are acting free of charge;
e whether the applicant for the order is an appropriate person to represent the interests of other persons or the public interest generally.
2 A costs capping order that limits or removes the liability of the applicant for judicial review to pay the costs of another party to the proceedings if relief is not granted to the applicant for judicial review must also limit or remove the liability of the other party to pay the applicant's costs if it is.
3 The Lord Chancellor may by regulations amend this section by adding to, omitting or amending the matters listed in subsection (1).
4 Regulations under this section are to be made by statutory instrument.
5 A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 In this section—
  • “free of charge” means otherwise than for or in expectation of fee, gain or reward;
  • “legal representative”, in relation to a party to proceedings, means a person exercising a right of audience or conducting litigation on the party's behalf.

I24490 Capping of costs: environmental cases

1 The Lord Chancellor may by regulations provide that sections 88 and 89 do not apply in relation to judicial review proceedings which, in the Lord Chancellor's opinion, have as their subject an issue relating entirely or partly to the environment.
2 Regulations under this section—
a may make provision generally or only in relation to proceedings described in the regulations, and
b may include transitional, transitory or saving provision.
3 Regulations under this section are to be made by statutory instrument.
4 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Planning proceedings

I23091 Procedure for certain planning challenges

Schedule 16 contains amendments—
a that require leave of court to be obtained before certain planning applications may be made, and
b that set out a procedure for challenging costs orders made in connection with certain planning orders and decisions.

I13392 Periods of time for certain legal challenges

1 In section 61N of the Town and Country Planning Act 1990 (legal challenges relating to neighbourhood development orders)—
a in subsections (1)(b) and (2)(b), after “beginning with” insert “ the day after ”;
b in subsection (3)(b)—
i for “during” substitute “ before the end of ”;
ii after “beginning with” insert “ the day after ”.
2 In section 106C of that Act (legal challenges relating to development consent obligations)—
a in subsection (1)(b)—
i for “during” substitute “ before the end of ”;
ii after “beginning with” insert “ the day after ”;
b in subsection (1A), after “begins with” insert “ the day after ”;
c in subsections (2)(b) and (3)(b)—
i for “during” substitute “ before the end of ”;
ii after “beginning with” insert “ the day after ”.
3 In section 13 of the Planning Act 2008 (legal challenges relating to national policy statements), in subsections (1)(b), (2)(b), (3)(b), (4)(b), (5)(b) and (6)(b)—
a for “during” substitute “ before the end of ”;
b after “beginning with” insert “ the day after ”.
4 In section 118 of that Act (legal challenges relating to applications for orders granting development consent)—
a in subsections (1)(b), (2)(b) and (3)(b)—
i for “during” substitute “ before the end of ”;
ii after “beginning with” insert “ the day after ”;
b in subsections (4)(b), (5)(b) and (6)(b)—
i for “during” substitute “ before the end of ”;
ii after “day”, wherever occurring, insert “ after the day ”;
c in subsection (7)(b)—
i for “during” substitute “ before the end of ”;
ii after “beginning with” insert “ the day after ”.

PART 5  Final provisions

93 Power to make consequential and supplementary provision etc

1 The Lord Chancellor or the Secretary of State may by regulations make consequential, supplementary, incidental, transitional, transitory or saving provision in relation to any provision of this Act.
2 The regulations may, in particular, amend, repeal or revoke legislation.
3 Regulations under this section are to be made by statutory instrument.
4 A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5).
5 A statutory instrument containing regulations under this section that amend or repeal a provision of an Act (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
6 In this section—
  • “Act” includes an Act or Measure of the National Assembly for Wales;
  • “legislation”, in relation to regulations made under this section, means—
    1. an Act passed before or in the same Session as this Act, or
    2. an instrument made under an Act before the regulations come into force.

94 Financial provision

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

95 Commencement

1 The provisions of this Act come into force on such day as the Lord Chancellor or the Secretary of State may appoint by order, subject to subsections (2) to (4).
2 Section 52 (low value shoplifting: mode of trial) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
3 Section 62 (appeals from the Court of Protection) and this Part come into force on the day on which this Act is passed.
4 Paragraphs 23 to 25 of Schedule 7 (transition from EU Convention on driving disqualification to new agreement), and section 31(6)(b) so far as it relates to those paragraphs, come into force on the day on which this Act is passed.
5 An order under this section is to be made by statutory instrument.
6 An order under this section may—
a appoint different days for different purposes, and
b make transitional, transitory or saving provision.
7 An order under this section bringing into force section 16 (drugs for which prisoners etc may be tested) may appoint different days for different areas.
8 Subsection (9) applies to an order under this section the effect of which is to bring into force the Secretary of State's power to provide secure colleges for the detention of any or all of the following—
a persons who are male and aged under 15;
b persons who are female.
9 A statutory instrument containing the order may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
10 The reference in subsection (8) to the Secretary of State's power to provide secure colleges is to the power under section 43(1)(c) of the Prison Act 1952 (as inserted by section 38 of this Act).

96 Extent

1 An amendment or repeal made by this Act has the same extent as the provision amended or repealed (ignoring extent by virtue of an Order in Council), subject to subsections (2) to (4).
2 An amendment or repeal of a provision of the Armed Forces Act 2006 extends to England and Wales, Scotland and Northern Ireland.
3 An amendment or repeal of any other provision, so far as it is applied by the Armed Forces Act 2006, extends to England and Wales, Scotland and Northern Ireland (and section 385 of that Act does not apply in relation to the amendment or repeal).
4 Section 79(9) and paragraph 1 of Schedule 15 (operation of section 39 of the Children and Young Persons Act 1933 in relation to providers of information society services) extend to England and Wales only.
5 A provision of this Act, other than an amendment or repeal, extends to England and Wales, Scotland and Northern Ireland, subject to subsection (6).
6 The following provisions extend to England and Wales only—
a sections 17 and 18(1) to (4) (restrictions on use of cautions);
b sections 20 to 25 (offences involving ill-treatment or wilful neglect);
F50c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d sections 57 to 61 (personal injury claims: fundamental dishonesty and rules against inducements);
e sections 86 to 90 (judicial review: information about financial resources, interveners and capping of costs);
f Schedule 4 (ill-treatment or wilful neglect: excluded health care);
F51g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h Parts 1 to 4 of Schedule 10 (contracting out secure colleges).

97 Channel Islands, Isle of Man and British overseas territories

1 The power conferred by paragraph 19 of Schedule 1 to the Crime (Sentences) Act 1997 (power to extend to Isle of Man) is exercisable in relation to any amendment of that Schedule that is made by or under this Act.
2 The power conferred by section 9(3) of the Special Immigration Appeals Commission Act 1997 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
3 The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands etc) is exercisable in relation to any amendment of that Act that is made by or under this Act.
4 The power conferred by section 39(6) of the Terrorism Act 2006 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.
C15 Her Majesty may by Order in Council provide for an armed forces provision to extend, with or without modifications, to—
a any of the Channel Islands,
b the Isle of Man, or
c any of the British overseas territories.
6 “Armed forces provision” means—
a an amendment or repeal made by or under this Act of a provision of the Armed Forces Act 2006;
b an amendment or repeal made by or under this Act of any other provision, so far as the provision is applied by the Armed Forces Act 2006.

98 Short title

This Act may be cited as the Criminal Justice and Courts Act 2015.

SCHEDULES

SCHEDULE 1 

Sentence and Parole Board release for offenders of particular concern

Section 6

PART 1 Sentence and release

Introduction

I1341The Criminal Justice Act 2003 is amended as follows.

Sentence

F272. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F273. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences of particular concern

F274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Release on licence to be directed by Parole Board

I1355In section 244(1) (duty to release prisoners), after “243A” insert “ , 244A ”.
I1366After section 244 insert—
I1377
1 Section 246 (power to release prisoners on licence before required to do so) is amended as follows.
2 In subsection (4)(a) (disapplication of power), for “or 228” substitute “ , 228 or 236A ”.
3 In subsection (6), in the definition of “term of imprisonment” for “or 228” substitute “ , 228 or 236A ”.

PART 2 Offenders convicted of service offences

Armed Forces Act 2006 (c. 52)

I1388In the Armed Forces Act 2006, after section 224 insert—

PART 3 Transitional and transitory provision

Application of new provisions about special custodial sentences

I1399
1 Section 236A of the Criminal Justice Act 2003, inserted by paragraph 2 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.
2 Section 224A of the Armed Forces Act 2006, inserted by paragraph 8 of this Schedule, applies in relation to the sentencing of a person for an offence after that paragraph comes into force, whether the person was convicted of the offence before or after it comes into force.

Detention in a young offender institution

F1710. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 4 Consequential provision

Road Traffic Offenders Act 1988 (c. 53)

I14011
1 Section 35A(4) of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence also imposed) is amended as follows.
2 In paragraph (e), for “that Act” (in the first place) substitute “ the Criminal Justice Act 2003 ”.
3 After paragraph (f) insert—
.

Crime (Sentences) Act 1997 (c. 43)

I14112
1 Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands) is amended as follows.
2 In paragraph 8(2)(a) (restricted transfers from England and Wales to Scotland), after “244” insert “ , 244A ”.
3 In paragraph 9(2)(a) (restricted transfers from England and Wales to Northern Ireland), after “244” insert “ , 244A ”.

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

F1813. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

I14214The Criminal Justice Act 2003 is amended as follows.
I14315
1 Section 237 (meaning of “fixed-term prisoner”) is amended as follows.
2 In subsection (1)(b), for “ or 228” substitute “ , 228 or 236A ”.
3 In subsection (1B)—
a omit “and” at the end of paragraph (c), and
b at the end insert
4 In subsection (3), for “or 227” substitute “ , 227 or 236A ”.
I14416In section 240ZA(11) (time remanded in custody to count as time served), for “or 228” substitute “ , 228 or 236A ”.
I14517
1 Section 250 (licence conditions) is amended as follows.
2 In subsection (4)—
a for “or 227” substitute “ , 227 or 236A ”, and
b for “or 228” substitute “ , 228 or 236A ”.
3 In subsection (5A) (inserted by section 15 of this Act)—
a for “to a prisoner” substitute
, and
b at the end insert
I14618In section 256AA(1) (supervision after end of sentence of prisoners serving less than 2 years), after paragraph (b) (but before “or”) insert—
.
I14719In section 258(3A) (early release of fine defaulters and contemnors), for “or 228” substitute “ , 228 or 236A ”.
I14820
1 Section 260 (early removal of prisoners liable to removal from United Kingdom) is amended as follows.
2 In subsection (2A), after “226B” insert “ or a sentence under section 236A ”.
3 In subsection (5), after “244” insert “ , 244A ”.
I14921In section 261(5)(b) (re-entry into United Kingdom of offender removed from prison early), after “244” insert “ , 244A ”.
I15022In section 263(4) (concurrent terms), for “or 228” substitute “ , 228 or 236A ”.
I15123
1 Section 264 (consecutive terms) is amended as follows.
2 For subsection (6) substitute—
3 In subsection (7), for “or 228” substitute “ , 228 or 236A ”.
F1924. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2 

Electronic monitoring and licences etc: consequential provision

Section 7

Crime (Sentences) Act 1997 (c. 43)

I1531In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of licences), for subsection (3) substitute—

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

I1542
1 Section 62 of the Criminal Justice and Court Services Act 2000 (release on licence etc: conditions as to monitoring) is amended as follows.
2 Omit subsection (3).
3 In the heading of that section, for “conditions as to monitoring” substitute “ electronic monitoring conditions ”.

Criminal Justice Act 2003 (c. 44)

I1553The Criminal Justice Act 2003 is amended as follows.
I1564
1 Section 250(4) (licence conditions) is amended as follows.
2 After paragraph (a) (but before “and”) insert—
.
3 In paragraph (b)(i), after “any” insert “ other ”.
I1575
1 Section 253 (curfew condition for licence under section 246, 255B or 255C) is amended as follows.
2 In subsection (1), for “requirements for securing the” substitute “ a requirement, imposed under section 62 of the Criminal Justice and Court Services Act 2000, to submit to ”.
3 Omit subsection (5).
I1586In section 256B(7) (supervision after release of certain young offenders serving less than 12 months: requirements that may be imposed), in paragraphs (a) and (b), for “for securing the” substitute “ to submit to ”.

F35SCHEDULE 3 

Recall adjudicators: further provision

Section 8

F35Mental Health Act 1983 (c. 20)

F351. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F353. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35Criminal Justice Act 2003 (c. 44)

F354. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F355. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F356. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F357. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F358. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F359. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3510. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35Domestic Violence, Crime and Victims Act 2004 (c. 28)

F3512. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35Offender Management Act 2007 (c. 21)

F3513. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3514. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35Coroners and Justice Act 2009 (c. 25)

F3516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35Equality Act 2010 (c. 15)

F3517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 

Ill-treatment or wilful neglect: excluded health care

Section 20

Excluded health care

I1591
1 For the purposes of section 20, “excluded health care” means—
a health care provided on the premises of an educational institution listed in paragraph 3, subject to sub-paragraph (2);
b health care provided at accommodation provided by an educational institution listed in paragraph 3 for an individual being educated at the institution, other than accommodation provided in connection with a residential trip away from the institution;
c health care provided at a children's home or a residential family centre in respect of which a person is registered under Part 2 of the Care Standards Act 2000;
ca health care provided at a place in respect of which a person is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 to provide—
i a care home service wholly or mainly to children, F5...
ii a residential family centre service; or
iii a secure accommodation service;
d health care provided on a part of other premises at a time when the part is being used entirely or mainly for an education or childcare purpose;
subject to sub-paragraph (3).
2 Health care is not excluded health care if it is provided on a part of the premises of an educational institution listed in paragraph 3 at a time when the sole or main purpose for which the part of the premises is being used—
a is not connected with the operation of the institution, and
b is not an education or childcare purpose.
3 Health care is not excluded health care if it is provided on the premises of a hospital to an individual who is being educated there by reason of a decision made by a registered medical practitioner.

Use “for an education or childcare purpose”

I1602A part of premises is used “for an education or childcare purpose” when it is used—
a for the purposes of education provided for an individual being educated at an educational institution listed in paragraph 3 in circumstances in which the institution requires the individual to attend at the premises for that purpose;
b for the purposes of education provided for a child of compulsory school age under section 19 or 19A of the Education Act 1996 or section 100 of the Education and Inspections Act 2006 (provision of education in cases of illness, exclusion etc);
c for the purposes of education provided for a child of compulsory school age as required by section 7 of the Education Act 1996, otherwise than by regular attendance at an educational institution listed in paragraph 3;
d for the purposes of early years provision or later years provision provided in England by a person who is registered, or required to be registered, to provide such provision under Part 3 of the Childcare Act 2006;
e for the purposes of later years provision provided in England for a child who is aged 8 or over in circumstances in which a requirement to register would arise under Part 3 of the Childcare Act 2006 if the child were aged under 8;
f for the purposes of childminding or day care provided in Wales by a person who is registered, or is required to be registered, to provide such care under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
g for the purposes of a holiday scheme for disabled children in England carried on or managed by a person who is registered to carry on or manage such schemes, or required to be so registered, under Part 2 of the Care Standards Act 2000.

Educational institutions

I1613The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2) and 2(a) and (c) are—
a a maintained school (as defined in section 20(7) of the School Standards and Framework Act 1998);
b a maintained nursery school (as defined in section 22(9) of the Schools Standards and Framework Act 1998);
c an independent school (as defined in section 463 of the Education Act 1996) entered on a register of independent schools kept under section 158 of the Education Act 2002;
d an independent educational institution (as defined in section 92(1) of the Education and Skills Act 2008) entered on a register of independent educational institutions kept under section 95 of that Act;
e a school approved under section 342 of the Education Act 1996 (non-maintained special schools);
f a pupil referral unit (as defined in section 19 sections 19 and 19A of the Education Act 1996);
g an alternative provision Academy (as defined in section 1C(3) of the Academies Act 2010);
h a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act 2010);
i a sixth form college (as defined in section 91(3A) of the Further and Higher Education Act 1992);
j a special post-16 institution (as defined in section 83(2) of the Children and Families Act 2014).

Definitions

I1624In this Schedule—
  • “care home service” has the meaning given in paragraph 1 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016;
  • “childminding” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
  • “children's home” has the meaning given in section 1 of the Care Standards Act 2000;
  • “day care” has the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1);
  • “early years provision” has the meaning given in section 96 of the Childcare Act 2006;
  • “education”—
    1. does not include higher education;
    2. includes vocational, social, physical and recreational training;
  • “health care” has the same meaning as in section 20;
  • “higher education” has the meaning given in section 579(1) of the Education Act 1996;
  • “hospital”—
    1. in relation to England, has the same meaning as in section 275 of the National Health Service Act 2006, and
    2. in relation to Wales, has the same meaning as in section 206 of the National Health Service (Wales) Act 2006;
  • “later years provision” has the meaning given in section 96 of the Childcare Act 2006;
  • “premises”, in relation to an educational institution, includes detached playing fields but does not include land occupied solely as a dwelling by a person employed at the institution;
  • “residential family centre” has the meaning given in section 4 of the Care Standards Act 2000.
  • “residential family centre service” has the meaning given in paragraph 3 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.
  • “secure accommodation service” has the meaning given in paragraph 2 of Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016.

SCHEDULE 5 

Minimum sentence for repeat offences involving offensive weapons etc: consequential provision

Section 28

Mental Health Act 1983 (c. 20)

I2261In section 37(1A) of the Mental Health Act 1983 (powers of courts to order hospital admission or guardianship)—
a in paragraph (za), after “section” insert “ 1(2B) or ”, and
b in paragraph (aa), after “section” insert “ 139(6B), 139A(5B) or ”.

Criminal Justice Act 1988 (c. 33)

I2272In section 36(2)(b) of the Criminal Justice Act 1988 (reviews of sentencing)—
a in sub-paragraph (zi), after “section” insert “ 1(2B) or ”, and
b in sub-paragraph (ia), after “section” insert “ 139(6B), 139A(5B) or ”.

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

F283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F285. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F288. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Criminal Justice Act 2003 (c. 44)

I2289The Criminal Justice Act 2003 is amended as follows.
F2910. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2912. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2913. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2914. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2916. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Coroners and Justice Act 2009 (c. 25)

F2917. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 

Offences committed by disqualified drivers: further amendments

Section 29

Road Traffic Act 1988 (c. 52)

I1631
1 Section 3ZB of the Road Traffic Act 1988 (causing death by driving: unlicensed, disqualified or uninsured drivers) is amended as follows.
2 Omit paragraph (b) (but not the “or” at the end).
3 In the heading, omit “, disqualified”.

Road Traffic Offenders Act 1988 (c. 53)

I1642The Road Traffic Offenders Act 1988 is amended as follows.
I1653
1 Section 24 (alternative verdicts: general) is amended as follows.
2 In subsection (A2)—
a after paragraph (b) insert—
.
3 In the table in subsection (1), at the appropriate place insert—
.
I1664In section 34(4)(a) (disqualification for certain offences), after sub-paragraph (iia) insert—
.
I1675
1 Section 36(2) (disqualification until test is passed) is amended as follows.
2 At the end of paragraph (a) omit “or”.
3 For paragraph (b) substitute—
I1686In section 45 (effect of endorsement of counterparts), for subsection (6) substitute—
I1697In section 45A (effect of endorsement of driving records), for subsection (4), as substituted by paragraph 42 of Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), substitute—
I1708
1 The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.
2 In the entry relating to section 3ZB of the Road Traffic Act 1988, in the second column omit “, disqualified”.
3 After that entry insert—
I1719In the table in Part 1 of Schedule 2 (prosecution and punishment of offences under the Traffic Acts), in the entry relating to section 3ZB of the Road Traffic Act 1988, in column 2 omit “, disqualified”.

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

I17210
1 Paragraph 3 of Schedule 3 to the Crime (International Co-operation) Act 2003 (application of duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.
2 In sub-paragraph (ca) omit “, disqualified”.
3 After that sub-paragraph insert—
.

Criminal Justice Act 2003 (c. 44)

I17311In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (specified violent offences for the purposes of sentencing dangerous offenders), after paragraph 48 (offence under section 1 of the Road Traffic Act 1988) insert—

Coroners and Justice Act 2009 (c. 25)

I17412
1 In paragraph 1(6) of Schedule 1 to the Coroners and Justice Act 2009 (suspension of investigations where certain criminal charges may be brought), in the definition of “homicide offence”, paragraph (b) is amended as follows.
2 In sub-paragraph (iii) omit “, disqualified”.
3 After that sub-paragraph insert—
.

SCHEDULE 7 

Mutual recognition of driving disqualification in UK and Republic of Ireland

Section 31

PART 1 Further provision

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

I2531Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 (EU Convention on driving disqualifications) is amended as follows.
I2542
1 Section 54 (road traffic offences in UK: application of section 55) is amended as follows.
2 In subsection (2)—
a in paragraph (a), after “Schedule 3” insert “ or Part 1 of Schedule 3A ”, and
b in paragraph (b), for “that Schedule” substitute “ Schedule 3 or Part 2 of Schedule 3A ”.
3 For subsection (3) substitute—
4 After that subsection insert—
5 After subsection (5) insert—
I2553
1 Section 55 (duty to give notice to foreign authorities of driving disqualification of a non-UK resident) is amended as follows.
2 For the heading substitute “ Duty to give notice to Republic of Ireland of UK driving disqualification ”.
3 In subsection (1), for “the State in which the offender is normally resident” substitute “ the Republic of Ireland ”.
4 In subsection (2)(f), for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.
5 In subsection (9)—
a in paragraph (b), for “the State mentioned in subsection (1)” substitute “ the Republic of Ireland ”, and
b for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.
I2564For the italic heading before section 56 substitute “ Road traffic offences in Republic of Ireland ”.
I2575
1 Section 56 (road traffic offences in Republic of Ireland: application of section 57) is amended as follows.
2 For subsection (2) substitute—
3 In subsection (3)—
a for “a State” substitute “ the Republic of Ireland ”,
b for “in that State” substitute “ there ”, and
c for “the law of that State” substitute “ the law of the Republic of Ireland ”.
4 For subsection (4) substitute—
5 Omit subsection (5).
6 In subsection (6), for “the part of the United Kingdom in which the offender is normally resident” substitute “ the relevant part of the United Kingdom ”.
7 After that subsection insert—
8 Omit subsection (7).
9 In subsection (8)—
a for “treating” substitute “ about when ”,
b after the first “United Kingdom” insert “ are to be treated for the purposes of this section ”, and
c for “a member state other than the United Kingdom” substitute “ the Republic of Ireland ”.
10 After subsection (9) insert—
I2586
1 Section 57 (recognition in United Kingdom of foreign driving disqualification) is amended as follows.
2 In the heading, for “foreign” substitute “ Republic of Ireland ”.
3 In the following provisions, for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ”
a subsection (1)(a);
b subsection (2) (in both places);
c subsection (4)(b);
d subsection (5)(b);
e subsection (6);
f subsection (8) (in both places).
4 In subsection (1)(a) and (b), for “one month” substitute “ three months ”.
5 In subsection (2)(b), for “the State in which the offender was convicted” substitute “ the Republic of Ireland ”.
6 In subsection (3)—
a for “a State” substitute “ the Republic of Ireland ”, and
b for “in that State” substitute “ there ”.
I2597In section 58(1)(a) and (b) (notice under section 57), for “the foreign disqualification” substitute “ the Republic of Ireland disqualification ”.
I2608
1 Section 63 (production of licence: Great Britain) is amended as follows.
2 In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Department ”.
3 Omit subsection (5).
I2619
1 Section 64 (production of licence: Northern Ireland) is amended as follows.
2 In subsection (4), for “the competent authority of the relevant State” substitute “ the competent authority of the Republic of Ireland or the Secretary of State ”.
3 Omit subsection (5).
I26210In section 65(3) (production of licence: Community licence holders), for the words from “the same” to the end substitute “ the Republic of Ireland ”.
I26311In section 68 (endorsement of licence: Great Britain), for subsection (1) substitute—
I26412In section 69 (endorsement of licence: Northern Ireland), for subsection (1) substitute—
I26513In section 70(1) (duty of appropriate Minister to inform competent authority)—
a for “any State” substitute “ the Republic of Ireland ”, and
b for “the convention on driving disqualifications” substitute “ the specified agreement on driving disqualifications ”.
I24914
1 Section 72 (regulations: Great Britain) is amended as follows.
2 In subsection (2), at the end insert “ , subject to subsection (2A) ”.
3 After subsection (2) insert—
I26615
1 Section 73 (regulations: Northern Ireland) is amended as follows.
2 In subsection (2), at the end insert “ , subject to subsection (2A) ”.
3 After subsection (2) insert—
I26716
1 Section 74(1) (interpretation) is amended as follows.
2 For the definition of “central authority” substitute—
.
3 For the definition of “competent authority” substitute—
.
4 Omit the definition of “the convention on driving disqualifications”.
5 In the definition of “disqualified”, after “and” insert “ , except in section 71A, ”.
6 Omit the definition of “foreign disqualification”.
7 At the end insert—
I26817In section 74(2) (interpretation of references to disqualification for life), for “foreign disqualification” substitute “ Republic of Ireland disqualification ”.
I26918In section 74, at the end insert—
I27019
1 Schedule 3 (offences for the purposes of section 54) is amended as follows.
2 In the heading, at the end insert “ : Great Britain ”.
3 In paragraph 1, for sub-paragraph (2) substitute—
4 In paragraph 2, omit “or Article 43(1) of the Road Traffic Regulation (Northern Ireland) Order 1997 (S.I. 1997/276 (N.I. 2))”.
5 In paragraph 3—
a omit “or Articles of the Road Traffic (Northern Ireland) Order 1995”,
b in sub-paragraph (a), omit “or Article 9”,
c in sub-paragraph (b), omit “or Article 10”,
d in sub-paragraph (c), omit “or Article 12”,
e in sub-paragraph (d), omit “or Article 14”,
f in sub-paragraph (e), omit “or Article 15”,
g in sub-paragraph (f), omit “or Article 16”,
h in sub-paragraph (g), omit “or Article 17”, and
i in sub-paragraph (h), omit “or Article 18”.
6 In paragraph 5, omit “or Article 167(1) of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))”.
7 In paragraph 6, omit “or Article 175(2) of the Road Traffic (Northern Ireland) Order 1981”.
8 In paragraph 7(a), omit “or Part 1 of Schedule 1 to the Road Traffic Offenders (Northern Ireland) Order 1996 (S.I. 1996/1320 (N.I. 10))”.
I27120After Schedule 3 insert—
I27221After Schedule 3A insert—

Coroners and Justice Act 2009 (c. 25)

I27322In Schedule 21 to the Coroners and Justice Act 2009 (consequential amendments), omit paragraph 93 (uncommenced amendment of section 54 of the Crime (International Co-operation) Act 2003).

PART 2 Transition from EU Convention to new agreement

Transitional period

23In this Part of this Schedule, “the transitional period” means the period—
a beginning with 1 December 2014, and
b ending with the day before the first day on which—
i section 31(2) to (5) are in force,
ii the Secretary of State has specified an agreement under section 71A of the Crime (International Co-operation) Act 2003 (“the 2003 Act”), and
iii that agreement has entered into force.

Disapplication of duties and powers to give notices during the transitional period

24During the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—
a are not required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),
b are not required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and
c are not required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57).
25Paragraphs 23 and 24 are to be treated as having come into force on 1 December 2014.

Application of duties and powers to give notices after the transitional period

I27426After the end of the transitional period, the Secretary of State and the Department of the Environment in Northern Ireland—
a are required to give a notice under section 55 of the 2003 Act (duty to give notice to foreign authorities of driving disqualification of a non-UK resident),
b are required or permitted to give a notice under section 57 of the 2003 Act (recognition in United Kingdom of foreign driving disqualification), and
c are required to give reasons under section 70(3) of the 2003 Act (duty to give reasons for not giving a notice under section 57),
only in a case in which the offence referred to in section 54(1) or 56(1) of the 2003 Act was committed after the end of the transitional period.

Saving for pre-1 December 2014 cases

I27527The amendments made by section 31 and Part 1 of this Schedule do not have effect in relation to a case in which a notice was given to an offender under section 57 of the 2003 Act before 1 December 2014.

F48SCHEDULE 8 

Disclosing , or threatening to disclose, private sexual photographs or films: providers of information society services

Section 33

F48England and Wales service providers: extension of liability

F481. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48Non-UK service providers: restriction on institution of proceedings

F482. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48Exceptions for mere conduits

F483. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48Exception for caching

F484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48Exception for hosting

F485. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48Interpretation

F486. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9 

Secure colleges etc: further amendments

Section 38

Prison Act 1952 (c. 52)

1I4The Prison Act 1952 is amended as follows.
2I5In section 37(4) (closing of prisons etc), for “or secure training centre” substitute “ , secure training centre or secure college ”.
3I6
1 Section 47 (rules for the management of prisons etc) is amended as follows.
2 In subsection (1), for “or secure training centres respectively” substitute “ , secure training centres or secure colleges ”.
3 In subsection (1A)(a), after “secure training centres” insert “ , secure colleges ”.
4 In subsection (4A)—
a for “the inspection of secure training centres and” substitute
,
b for “visit secure training centres” substitute “ visit them ”, and
c for “detained in secure training centres” substitute “ detained there ”.
5 In subsection (5), for “or secure training centre” substitute “ , secure training centre or secure college ”.
6 For the heading of that section substitute “ Rules for the management of prisons and places for the detention of young offenders ”.
4I7In section 49(5) (persons unlawfully at large: definition of “youth detention accommodation”), after paragraph (b) (but before “or”) insert—
.

Criminal Justice Act 1961 (c. 39)

5I8The Criminal Justice Act 1961 is amended as follows.
6I9In section 23(4) (prison rules), after “a young offender institution” insert “ , a secure college, ”.
7I10In section 38(3)(a) (construction of references to sentence of imprisonment etc)—
a for “young offenders” substitute “ young offender ”, and
b after “secure training centre” insert “ or secure college ”.

Criminal Justice Act 1982 (c. 48)

8I11
1 Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is amended as follows.
2 In subsection (1)(a)—
a omit “under section 225 of the Criminal Justice Act 2003”, and
b omit “under section 226A or 227 of that Act”.
3 For subsection (1A) substitute—
4 In subsection (6), omit “not within subsection (5) above”.
5 After subsection (6) insert—
6 Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)

9I12In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest etc), for the words from “remand centre” to “secure training centre” substitute “ young offender institution, secure training centre or secure college ”.

Water Industry Act 1991 (c. 56)

10I13In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises not to be disconnected for non-payment of a charge)—
a in paragraph (b), omit the words from “within” to “, or”, and
b after that paragraph insert—
.

Prisoners (Return to Custody) Act 1995 (c. 16)

11I14In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at large after temporary release), after “secure training centre” insert “ or secure college ”.

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

F2012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 2004 (c. 31)

13I15The Children Act 2004 is amended as follows.
14I16In section 11(1) (arrangements to safeguard and promote welfare), after paragraph (l) insert—
.
15I17In section 13(3) (establishment of Local Safeguarding Children Boards), after paragraph (i) insert—
.
16I18In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or prison” insert “ or the principal of a secure college ”.
17I19In section 25(4A) (co-operation to improve well-being: Wales)—
a for “Crown or” substitute “ Crown, ” and
b after “director)” insert “ or the principal of a secure college ”.
18I20In section 28(1) (arrangements to safeguard and promote welfare: Wales), after paragraph (h) insert—
.
19I21In section 31(3) (establishment of Local Safeguarding Children Boards in Wales), after paragraph (f) insert—
.
20I22In section 33(3)(c) (funding of Local Safeguarding Children Boards in Wales), after “or prison” insert “ or the principal of a secure college ”.

Childcare Act 2006 (c. 21)

21I23In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—
a in paragraph (a), omit “or”,
b at the end of paragraph (b), insert “ , or ”, and
c after paragraph (b) insert—

Education and Inspections Act 2006 (c. 40)

22I24
1 Section 146 of the Education and Inspections Act 2006 (inspection of secure training centres) is amended as follows.
2 In the heading, after “secure training centres” insert “ and secure colleges ”.
3 In subsection (1), after “secure training centres” insert “ and secure colleges ”.
4 Omit subsection (3).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

23I25In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act 2007 (relevant duty of care), in the definition of “custodial institution”, after “secure training centre,” insert “ a secure college, ”.

Offender Management Act 2007 (c. 21)

24I26The Offender Management Act 2007 is amended as follows.
25I27In section 1(4) (meaning of “the probation purposes”), in the definition of “prison”, for “and a secure training centre” substitute “ , a secure training centre and a secure college ”.
26I28In section 14(5)(a) (disclosure)—
a in sub-paragraph (i), omit “and”,
b in sub-paragraph (ii), at the end insert “ and ”, and
c after sub-paragraph (ii) insert—
.

Policing and Crime Act 2009 (c. 26)

27I29In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 (detention orders), after paragraph (a) insert—
.

Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)

31I33
1 Section 4 of the Prisons (Interference with Wireless Telegraphy) Act 2012 (interpretation) is amended as follows.
2 In subsection (1), in the definition of “relevant institution”, after paragraph (d) insert—
.
3 In subsection (2), after paragraph (b) insert—
.

Social Services and Well-being (Wales) Act 2014 (anaw 4)

32I34
1 The Social Services and Well-being (Wales) Act 2014 is amended as follows.
2 In the English language text of section 134(8) (Safeguarding Children Boards and Safeguarding Adults Boards)—
a for “Crown or” substitute “ Crown, ”, and
b after “director)” insert “ or the principal of a secure college ”.
3 In the Welsh language text of that provision—
a for “Goron na” substitute “ Goron, ”, and
b after “cyfarwyddwr)” insert “ na phennaeth coleg diogel ”.
4 In the English language text of section 188(1) (interpretation of sections 185 to 187), in the definition of “youth detention accommodation”, after paragraph (b) insert—
.
5 In the Welsh language text of that provision, in the definition of “llety cadw ieuenctid”, after paragraph (b) insert—
.

SCHEDULE 10 

Contracting out secure colleges

Section 39

PART 1 Contracting out provision and running of secure colleges

Power to contract out

1I35
1 The Secretary of State may enter into a contract with another person for the other person to do either or both of the following—
a provide a secure college or part of such a college;
b run a secure college or part of such a college.
2 The contract may provide for the running of the secure college, or the part of the college, to be sub-contracted.
3 In this Schedule—
  • “contracted-out secure college” means a secure college or part of a secure college in respect of which a contract under this Part of this Schedule is for the time being in force;
  • “the contractor”, in relation to a contracted-out secure college, means the person who has contracted with the Secretary of State for the provision or running (or both) of the college;
  • “sub-contractor”, in relation to a contracted-out secure college, means a person who has contracted with the contractor for the running of the college or any part of it.

Running a contracted-out secure college

2I36A contracted-out secure college must be run in accordance with—
a this Schedule,
b the Prison Act 1952 as it applies to contracted-out secure colleges by virtue of section 43 of that Act and this Schedule, and
c secure college rules.

Leases and tenancies of land

3I37
1 Where the Secretary of State grants a lease or tenancy of land for the purposes of a contract under this Part of this Schedule, none of the following enactments apply to the lease or tenancy—
a Part 2 of the Landlord and Tenant Act 1954 (security of tenure);
b section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture);
c section 19 of the Landlord and Tenant Act 1927 (covenants not to assign etc);
d the Landlord and Tenant Act 1988 (consent to assigning etc);
e the Agricultural Holdings Act 1986.
2 In this paragraph—
  • “lease” includes an underlease;
  • “tenancy” includes a sub-tenancy.

Principal

4I38
1 The principal of a contracted-out secure college must be a secure college custody officer who is—
a appointed by the contractor, and
b specially approved for the purposes of this paragraph by the Secretary of State.
2 The principal has the functions conferred on the principal by—
a the Prison Act 1952 as it applies to contracted-out secure colleges, and
b secure college rules.

Monitor

5I39
1 Every contracted-out secure college must have a monitor.
2 The monitor must be a Crown servant appointed by the Secretary of State.
3 The monitor must—
a keep the running of the secure college by or on behalf of the principal under review,
b investigate any allegations made against secure college custody officers performing custodial duties at the secure college or officers of directly managed secure colleges who are temporarily attached to the secure college, and
c report to the Secretary of State on the matters described in paragraphs (a) and (b).
4 The monitor also has the other functions conferred on the monitor by secure college rules.
5 The contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the monitor of the functions described in this paragraph.
6 They may do so by giving directions to officers of the secure college or otherwise.

Officers

6I40
1 Section 8 of the Prison Act 1952 (powers of prison officers) does not apply in relation to officers of a contracted-out secure college.
2 Sub-paragraph (1) does not affect the powers of an officer of a directly managed secure college who is temporarily attached to a contracted-out secure college.

Officers who perform custodial duties

7I41Every officer of a contracted-out secure college who performs custodial duties at the college must be—
a a secure college custody officer, or
b an officer of a directly managed secure college who is temporarily attached to the contracted-out secure college.
8I42A secure college custody officer performing custodial duties at a contracted-out secure college has the following duties in relation to persons detained there—
a to prevent their escape from lawful custody,
b to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts,
c to ensure good order and discipline on their part, and
d to attend to their well-being.
9I43
1 A secure college custody officer performing custodial duties at a contracted-out secure college may search the following in accordance with secure college rules—
a a person who is detained in the secure college,
b any other person who is in the secure college or who is seeking to enter the secure college, and
c an article in the possession of a person described in paragraph (b).
2 The power under sub-paragraph (1)(b) does not include power to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).
10I44If authorised to do so by secure college rules, a secure college custody officer may use reasonable force where necessary in carrying out functions under paragraph 8 or 9.
11I45
1 This paragraph applies where a secure college custody officer performing custodial duties at a contracted-out secure college has reason to believe that a person who is in the college or seeking to enter the college, other than a person detained there, is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952.
2 The officer may require the person to wait with the officer for the arrival of a constable for such period as is necessary, except that the person may not be required to wait for longer than 2 hours.
3 The officer may use reasonable force to prevent the person from making off during that period.
4 A person who makes off during that period is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
5 In sub-paragraph (1), the reference to an offence under any of sections 39 to 40D of the Prison Act 1952 (a “1952 Act offence”) includes—
a an offence of attempting to commit a 1952 Act offence,
b an offence of conspiracy to commit a 1952 Act offence, and
c an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a 1952 Act offence is the offence which the person intended or believed would be committed.

Intervention by Secretary of State

12I46
1 This paragraph applies where it appears to the Secretary of State that—
a the principal of a contracted-out secure college has lost effective control of the secure college or a part of it or is likely to do so, and
b it is necessary for the Secretary of State to exercise the power under sub-paragraph (2) in the interests of preserving a person's safety or preventing serious damage to property.
2 The Secretary of State may appoint a Crown servant (the “appointed person”) to act as principal of the secure college for the period—
a beginning at the time specified in the appointment, and
b ending at the time specified in the notice of termination under sub-paragraph (4).
3 During that period—
a all of the functions of the principal or monitor are to be carried out by the appointed person,
b the contractor and any sub-contractor must take all reasonable steps to facilitate the carrying out by the appointed person of those functions, and
c the officers of the secure college must comply with any directions given by the appointed person in carrying out those functions.
4 The Secretary of State must, by notice to the appointed person, terminate the person's appointment if satisfied that—
a the person has secured effective control of the secure college or, as the case may be, the relevant part of it, and
b the person's appointment is no longer necessary as mentioned in sub-paragraph (1)(b).
5 The Secretary of State must—
a give notice of an appointment under this paragraph to the persons listed in sub-paragraph (6) as soon as practicable after making the appointment, and
b give a copy of a notice of termination of such an appointment to those persons as soon as practicable after terminating it.
6 Those persons are—
a the contractor,
b any sub-contractor,
c the principal, and
d the monitor.

Obstruction etc of secure college custody officers

13I47
1 A person who resists or wilfully obstructs a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence.
2 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.

Assault of secure college custody officers

14I48
1 A person who assaults a secure college custody officer performing custodial duties at a contracted-out secure college commits an offence.
2 A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both).
3 In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months.
4 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

15I49
1 A person who is or has been employed at a contracted-out secure college (whether as a secure college custody officer or otherwise) commits an offence if the person discloses information—
a which the person acquired in the course of the employment, and
b which relates to a particular person detained in youth detention accommodation.
2 It is not an offence under this paragraph for a person to disclose information—
a in the course of the person's duty, or
b when authorised to do so by the Secretary of State.
3 A person who commits an offence under this paragraph is liable—
a on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).
4 In relation to an offence committed before 2 May 2022, the reference in sub-paragraph (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
5 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

PART 2 Certification of secure college custody officers

Meaning of “secure college custody officer”

16I50In this Schedule, “secure college custody officer” means a person in respect of whom a certificate under this Part of this Schedule is for the time being in force certifying that the person has been approved by the Secretary of State for the purposes of performing custodial duties at secure colleges.

Issue of certificate

17I51
1 The Secretary of State may, on an application by a person, issue a certificate in respect of the person if satisfied that the person—
a is a fit and proper person to perform custodial duties at secure colleges, and
b has received training to such standard as the Secretary of State considers appropriate for the performance of those functions.
2 The certificate must state that it is to cease to be in force on a date or on the occurrence of an event.
3 Once issued, the certificate continues in force until that date or event, subject to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18I52
1 This paragraph applies where—
a in the case of a secure college custody officer performing custodial duties at a contracted-out secure college, it appears to the monitor of the college that the officer is not a fit and proper person to perform such duties at secure colleges, or
b in the case of a secure college custody officer performing contracted-out functions at a directly managed secure college, it appears to the principal of the college that the officer is not a fit and proper person to perform custodial duties at secure colleges.
2 The monitor or principal may—
a refer the matter to the Secretary of State for a decision under paragraph 19, and
b in circumstances prescribed by regulations made by the Secretary of State, suspend the officer's certificate pending that decision.
3 Regulations under this paragraph may—
a prescribe different circumstances for different cases;
b include transitional, transitory or saving provision.
4 Regulations under this paragraph are to be made by statutory instrument.
5 A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate

19I53Where it appears to the Secretary of State that a secure college custody officer is not a fit and proper person to perform custodial duties at secure colleges, the Secretary of State may revoke the officer's certificate.

PART 3 Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20I54
1 The Secretary of State may enter into a contract with another person for functions to be carried out at a directly managed secure college by secure college custody officers provided by that person.
2 In this Schedule, “contracted-out functions” means any functions which, by virtue of a contract under this paragraph, fall to be performed by secure college custody officers.

Powers of officers carrying out contracted-out functions

21I55Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody officer carrying out contracted-out functions at a directly managed secure college as they apply in relation to a secure college custody officer carrying out functions at a contracted-out secure college.
22I56In relation to a directly managed secure college, the reference to an officer of the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners), as it applies to secure colleges, includes a reference to a secure college custody officer performing custodial duties at the secure college in accordance with a contract under paragraph 20.

Obstruction etc of secure college custody officers

23I57
1 A person who resists or wilfully obstructs a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence.
2 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.

Assault of secure college custody officers

24I58
1 A person who assaults a secure college custody officer performing contracted-out functions at a directly managed secure college commits an offence.
2 A person who commits an offence under this paragraph is liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or a fine (or both).
3 In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to 51 weeks is to be read as a reference to 6 months.
4 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (2) to a fine is to be read as a reference to a fine not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

25I59
1 A person who is or has been employed to perform contracted-out functions at a directly managed secure college commits an offence if the person discloses any information—
a which the person acquired in the course of the employment, and
b which relates to a particular person detained in youth detention accommodation.
2 It is not an offence under this paragraph for a person to disclose information—
a in the course of the person's duty, or
b when authorised to do so by the Secretary of State.
3 A person who commits an offence under this paragraph is liable—
a on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both), and
b on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both).
4 In relation to an offence committed before 2 May 2022, the reference in sub-paragraph (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
5 In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum.

Supplementary

26I60The references in paragraphs 20, 21 and 22 to the carrying out of functions or the performance of custodial duties at a secure college include references to the carrying out of functions or the performance of such duties for the purposes of, or for purposes connected with, a secure college.

PART 4 Definitions

27I61In this Schedule—
  • “contracted-out functions” has the meaning given in paragraph 20;
  • “contracted-out secure college” has the meaning given in paragraph 1;
  • “the contractor”, in relation to a contracted-out secure college, has the meaning given in paragraph 1;
  • “directly managed secure college” means a secure college which is not a contracted-out secure college;
  • “secure college custody officer” has the meaning given in paragraph 16;
  • “secure college rules” means rules made under section 47 of the Prison Act 1952 for the regulation and management of secure colleges;
  • “sub-contractor”, in relation to a contracted-out secure college, has the meaning given in paragraph 1.

PART 5 Further amendments

Prison Act 1952 (c. 52)

28I62In section 52 of the Prison Act 1952 (exercise of power to make rules etc), after subsection (3) insert—

Criminal Justice Act 1967 (c. 80)

29I63Omit section 66(4) of the Criminal Justice Act 1967 (exercise of powers to make rules under sections 47 and 47A of the Prison Act 1952).

Firearms Act 1968 (c. 27)

30I64
1 Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that Act applies) is amended as follows.
2 After paragraph 6 insert—
3 In paragraph 8, for “6” substitute “ 6A ”.

Criminal Justice Act 1988 (c. 33)

31I65In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment count for certain offences), after paragraph (ab) insert—
.

Private Security Industry Act 2001 (c. 12)

32I66In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001 (manned guarding activities not liable to control), after paragraph (c) insert—
.

Children Act 2004 (c. 31)

33I67The Children Act 2004 is amended as follows.
34I68In section 15(3) (funding of Local Safeguarding Children Boards)—
a in paragraph (c), after “principal of a” insert “ directly managed ”, and
b in paragraph (d), after “or prison” insert “ or the principal of a contracted-out secure college ”.
35I69In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—
a in paragraph (c), after “principal of a” insert “ directly managed ”, and
b in paragraph (d), after “or prison” insert “ or the principal of a contracted-out secure college ”.
36I70
1 Section 65 (interpretation) is amended as follows.
2 In subsection (3), at the end insert—
3 In subsection (4)—
a in paragraph (a), omit “or”,
b at the end of paragraph (b), insert “ or ”,
c after paragraph (b) insert—
d for “or prison” substitute “ , prison or secure college ”.

Offender Management Act 2007 (c. 21)

37I71In section 14(9) of the Offender Management Act 2007 (disclosure)—
a in paragraph (a), after sub-paragraph (ii) insert—
;
b in paragraph (a), for “section in question” substitute “ provision in question ”;
c in paragraph (b)(ii), omit the words from “for offenders” to the end.

SCHEDULE 11 

Trial by single justice on the papers: further amendments

Section 50

Criminal Law Act 1977 (c. 45)

I1751
1 Section 39 of the Criminal Law Act 1977 (service of summons etc) is amended as follows.
2 In subsection (1), after paragraph (c) (but before “and”) insert—
.
3 In subsection (1)(d), for “or (c)” substitute “ , (c) or (ca) ”.
4 After subsection (1) insert—

Magistrates' Courts Act 1980 (c. 43)

I1762The Magistrates' Courts Act 1980 is amended as follows.
I1773
1 Section 1 (issue of summons to accused etc) is amended as follows.
2 In subsection (4A), for “public prosecutor” substitute “ relevant prosecutor authorised to issue requisitions ”.
3 Omit subsection (4B).
4 In subsection (6A), for “public prosecutor” substitute “ relevant prosecutor ”.
I1784In section 11 (non-appearance of accused: general provisions), after subsection (5) insert—
I1795In section 123 (defect in process), after subsection (2) insert—
I1806In section 150(1) (interpretation of other terms)—
a omit the entry for “public prosecutor”, “requisition” and “written charge”, and
b at the appropriate places insert—
,
,
, and
.

Prosecution of Offences Act 1985 (c. 23)

I1817
1 Section 15 of the Prosecution of Offences Act 1985 (interpretation of Part 1) is amended as follows.
2 In subsection (1)—
a for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and
b after “ “requisition”” insert “ , “single justice procedure notice” ”.
3 In subsection (2)—
a in paragraph (ba), for “public prosecutor” substitute “ relevant prosecutor ”, and
b after paragraph (ba) insert—
.

Road Traffic Offenders Act 1988 (c. 53)

I1828The Road Traffic Offenders Act 1988 is amended as follows.
F399. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I18310In section 8 (duty to include date of birth and sex in written plea of guilty), after paragraph (a) (but before “or”) insert—
.
F4011. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension Schemes Act 1993 (c. 48)

I18412
1 Section 68 of the Pension Schemes Act 1993 (unpaid premiums: supplementary) is amended as follows.
2 In subsection (1), after “1980” insert “ or in proceedings conducted in accordance with section 16A of that Act ”.
3 After subsection (1) insert—

Vehicle Excise and Registration Act 1994 (c. 22)

I18513
1 Section 55 of the Vehicle Excise and Registration Act 1994 (guilty plea by absent accused and amount payable under section 30 or 36) is amended as follows.
2 After subsection (2) insert—
3 In subsection (3)—
a in paragraph (a), for “in a case within subsection (1)(a)” substitute “ if the offence is an offence under section 29 ”, and
b in paragraph (b), for “in a case within subsection (1)(b)” substitute “ if the offence is an offence under section 35A ”.
4 In subsection (5), for “The court shall not so proceed” substitute “ Where this section applies by virtue of subsection (1), the court shall not proceed as described in subsection (4) ”.
5 After subsection (5) insert—

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

I18614
1 Section 51 of the Criminal Justice and Public Order Act 1994 (intimidation etc of witnesses, jurors and others) is amended as follows.
2 In subsection (9)—
a for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and
b after “ “requisition”” insert “ , “single justice procedure notice” ”.
3 In subsection (10)(a)(ia)—
a for “public prosecutor” substitute “ relevant prosecutor ”, and
b after “and requisition” insert “ or single justice procedure notice ”.

Drug Trafficking Act 1994 (c. 37)

I18715
1 Section 60 of the Drug Trafficking Act 1994 (Revenue and Customs prosecutions) is amended as follows.
2 In subsection (6), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.
3 In subsection (6A)(aa), for “public prosecutor” substitute “ relevant prosecutor ”.

Merchant Shipping Act 1995 (c. 21)

I18816
1 Section 145 of the Merchant Shipping Act 1995 (interpretation of section 144) is amended as follows.
2 In subsection (2)(a)(ia), for “public prosecutor” substitute “ relevant prosecutor ”.
3 In subsection (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Terrorism Act 2000 (c. 11)

I18917
1 In Schedule 4 to the Terrorism Act 2000 (forfeiture orders), paragraph 11 is amended as follows.
2 In sub-paragraph (1)(aa), for “public prosecutor” substitute “ relevant prosecutor ”.
3 In sub-paragraph (2A), for “ “public prosecutor”” substitute “ “relevant prosecutor” ”.

Proceeds of Crime Act 2002 (c. 29)

I19018
1 Section 85 of the Proceeds of Crime Act 2002 (proceedings) is amended as follows.
2 In subsection (1)(aa)—
a for “public prosecutor” substitute “ relevant prosecutor ”, and
b after “and requisition” insert “ or single justice procedure notice ”.
3 In subsection (9)—
a for “ “public prosecutor”” substitute “ “relevant prosecutor” ”, and
b after “ “requisition”” insert “ , “single justice procedure notice” ”.

Education Act 2002 (c. 32)

I19119
1 Section 141F of the Education Act 2002 (restrictions on reporting alleged offences by teachers) is amended as follows.
2 In subsection (15)(b)—
a for “public prosecutor” substitute “ relevant prosecutor ”, and
b after “and requisition” insert “ or single justice procedure notice ”.
3 After subsection (15) insert—

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

I19220The Crime (International Co-operation) Act 2003 is amended as follows.
I19321
1 Section 4A (general requirements for service of written charge or requisition) is amended as follows.
2 In the heading, for “or requisition” substitute “ etc ”.
3 In subsection (1), after paragraph (b) insert
4 In subsection (2), for “The written charge or requisition” substitute “ Each of the documents ”.
5 In subsection (3), for “the written charge or requisition”, in both places, substitute “ the document ”.
6 In subsection (4), for “A written charge or requisition” substitute “ Such a document ”.
7 In subsection (5)—
a after “a requisition” insert “ or single justice procedure notice ”, and
b after “the requisition” insert “ or single justice procedure notice ”.
I19422
1 Section 4B (service of written charge or requisition otherwise than by post) is amended as follows.
2 In the heading, for “or requisition” substitute “ etc ”.
3 In subsection (1), for “or requisition” substitute “ , requisition or single justice procedure notice ”.
4 In subsection (2), for “the written charge or requisition” substitute “ the document ”.
5 In subsection (3)(b), for “the written charge or requisition” substitute “ the document ”.

Criminal Justice Act 2003 (c. 44)

F2123. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 

Further provision about criminal courts charge

Section 54

Rehabilitation of Offenders Act 1974 (c. 53)

I1951In section 1(3) of the Rehabilitation of Offenders Act 1974 (rehabilitated persons and spent convictions: definition of sentence), at the end insert—

Magistrates' Courts Act 1980 (c. 43)

I1962The Magistrates' Courts Act 1980 is amended as follows.
I1973In section 82 (restriction on power to impose imprisonment for default), for subsection (1A) substitute—
I1984In section 108 (right of appeal to the Crown Court), after subsection (4) insert—

Prosecution of Offences Act 1985 (c. 23)

I1995In the Prosecution of Offences Act 1985, at the beginning of the heading of Part 2 insert “ Defence, prosecution and third party ”.

Insolvency Act 1986 (c. 45)

I2006In section 281(4A) of the Insolvency Act 1986 (effect of discharge from bankruptcy debts)—
a after “fine” insert “ imposed for an offence ”, and
b after “a reference to” insert
.

Criminal Justice Act 1991 (c. 53)

I2017In section 24(4) of the Criminal Justice Act 1991 (recovery of fines etc from certain benefits), in the definition of “fine”, after paragraph (b) insert—
.

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

I2028The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
F229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20310In section 142(1) (power of Crown Court to order search of persons before it), after paragraph (b) insert—
.

Proceeds of Crime Act 2002 (c. 29)

I20411In section 13(3)(a) of the Proceeds of Crime Act 2002 (effect of order on court's other powers), after “other than” insert “ an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge) or ”.

Criminal Justice Act 2003 (c. 44)

I20512The Criminal Justice Act 2003 is amended as follows.
F2313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I20614In section 256AC(11) (breach of supervision requirements imposed under section 256AA: appeal)—
a after “against” insert
, and
b at the end insert
F2415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2516. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13 

Juries at inquests

Section 75

Jurors and electronic communications devices

I2071After section 9 of the Coroners and Justice Act 2009 insert—
I2082
1 Part 4 of the Courts Act 2003 (court security officers) is amended as follows.
2 In section 54A (powers in relation to jurors' electronic communications devices) (inserted by section 70 of this Act)—
a in subsection (1), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”,
b in subsection (2), after “judge” insert “ or a senior coroner ”, and
c for subsection (5) substitute—
3 In section 55(1A) (powers to retain articles surrendered or seized) (inserted by section 70 of this Act), after “1974” insert “ or section 9A of the Coroners and Justice Act 2009 ”.

Offences relating to research by jurors etc

I2093Part 1 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to jurors at inquests) is amended as follows.
I2104Before paragraph 1 insert— “ Serving while disqualified, failure to attend etc ”.
I2115After paragraph 5 insert—

Offence relating to jury's deliberations

I2126In Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests), after Part 1 insert—

Saving for contempt of court

I2137In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests: miscellaneous), at the end insert—

SCHEDULE 14 

Members of the Court Martial

Section 76

PART 1 Offences

I2141The Armed Forces Act 2006 is amended as follows.
I2152In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163 insert—
I2163After Schedule 2 insert—

PART 2 Further amendments

I2174The Armed Forces Act 2006 is amended as follows.
I2185In section 50(2) (jurisdiction of the Court Martial: service offences), after paragraph (f) insert—
.
I2196In section 51(3) (jurisdiction of the Service Civilian Court: excluded offences), after paragraph (c) insert—
.
I2207In section 373 (orders, regulations and rules), after subsection (1) insert—
I2218In Schedule 2 (offences required to be referred to a service police force or the Director of Service Prosecutions under sections 113 and 116), at the end insert—
I2229The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the Court Martial of appeals from Service Civilian Court) to Part 7 of that Act includes the provisions inserted in that Part by this Schedule.

SCHEDULE 15 

Reporting restrictions: providers of information society services

Section 80

Children and Young Persons Act 1933 (c. 12)

I2231After Schedule 1 to the Children and Young Persons Act 1933 insert—

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

I2242After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 insert—

SCHEDULE 16 

Procedure for certain planning challenges

Section 91

Town and Country Planning Act 1990 (c. 8)

I2311Part 12 of the Town and Country Planning Act 1990 (validity) is amended as follows.
I2322In section 284 (validity of development plans and certain orders, decisions and directions)—
a in subsection (1), after paragraph (f) insert
, and
b after subsection (3) insert—
I2333
1 Section 287 (proceedings for questioning validity of development plans and certain schemes and orders) is amended as follows.
2 After subsection (2) insert—
3 After subsection (3) insert—
4 Omit subsections (3C) and (4).
5 In subsection (5), for “subsection (4)” substitute “ subsection (2B) ”.
6 After subsection (5) insert—
I2344
1 Section 288 (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.
2 After subsection (1) insert—
3 In subsection (2)—
a after “subsection (1)” (in the first place) insert “ or (1A) ”,
b after “applies,” (in the second place) insert “ or with any relevant costs order, ”, and
c after “subsection (1)” (in the second place) insert “ or (1A) (as the case may be) ”.
4 Omit subsection (3).
5 After subsection (4) insert—
6 In subsection (5)—
a in paragraph (a), for “the order or action” substitute “ any order or action ”, and
b in paragraph (b), for “the order or action in question” substitute “ any such order or action ”.
7 For subsection (6) substitute—
8 In subsection (7), after “subsection” insert “ (4C) or ”.
9 For subsection (9) substitute—
10 After subsection (10) insert—

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

I2355In section 62 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (validity of certain orders and decisions)—
a in subsection (1), after paragraph (b) insert
, and
b after subsection (2) insert—
I2366
1 Section 63 of that Act (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.
2 In subsection (1), for “section 62(1)” substitute “ section 62(1)(a) or (b) ”.
3 After subsection (1) insert—
4 In subsection (2)—
a after “subsection (1)” insert “ or (1A) ”,
b for “such order or decision” substitute “ order or decision mentioned in section 62(1) ”, and
c for “those grounds” substitute “ the grounds mentioned in subsection (1) or (1A) (as the case may be) ”.
5 For subsection (3) substitute—
6 In subsection (4)—
a after “this section” insert “ (other than an application for leave) ”,
b in paragraph (a), for “the order or decision” substitute “ any order or decision ”, and
c in paragraph (b)(i), for “the order or decision” substitute “ any such order or decision ”.
7 For subsection (6) substitute—

Planning (Hazardous Substances) Act 1990 (c. 10)

I2377
1 Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) is amended as follows.
2 In subsections (1) and (2), omit “within six weeks from the date on which the decision is taken”.
3 After subsection (2) insert—
4 In subsection (3), after “section” insert “ (other than an application for leave) ”.

Planning and Compulsory Purchase Act 2004 (c. 5)

I2388
1 Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of strategies, plans and documents) is amended as follows.
2 After subsection (3) insert—
3 Omit subsection (4).
4 After subsection (5) insert—
5 Omit subsection (8).

Footnotes

  1. I1
    S. 31 partly in force at Royal Assent; s. 31(6)(b) in force at Royal Assent, see s. 95(1)(4)
  2. I2
    S. 38 in force at 20.3.2015 for specified purposes by S.I. 2015/778, art. 2(1)(a)(2)
  3. I3
    S. 39 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(b)
  4. I4
    Sch. 9 para. 1 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  5. I5
    Sch. 9 para. 2 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  6. I6
    Sch. 9 para. 3 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  7. I7
    Sch. 9 para. 4 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  8. I8
    Sch. 9 para. 5 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  9. I9
    Sch. 9 para. 6 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  10. I10
    Sch. 9 para. 7 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  11. I11
    Sch. 9 para. 8 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  12. I12
    Sch. 9 para. 9 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  13. I13
    Sch. 9 para. 10 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  14. I14
    Sch. 9 para. 11 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  15. I15
    Sch. 9 para. 13 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  16. I16
    Sch. 9 para. 14 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  17. I17
    Sch. 9 para. 15 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  18. I18
    Sch. 9 para. 16 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  19. I19
    Sch. 9 para. 17 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  20. I20
    Sch. 9 para. 18 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  21. I21
    Sch. 9 para. 19 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  22. I22
    Sch. 9 para. 20 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  23. I23
    Sch. 9 para. 21 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  24. I24
    Sch. 9 para. 22 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  25. I25
    Sch. 9 para. 23 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  26. I26
    Sch. 9 para. 24 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  27. I27
    Sch. 9 para. 25 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  28. I28
    Sch. 9 para. 26 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  29. I29
    Sch. 9 para. 27 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  30. I30
    Sch. 9 para. 28 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  31. I31
    Sch. 9 para. 29 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  32. I32
    Sch. 9 para. 30 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  33. I33
    Sch. 9 para. 31 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  34. I34
    Sch. 9 para. 32 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(c)
  35. I35
    Sch. 10 para. 1 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  36. I36
    Sch. 10 para. 2 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  37. I37
    Sch. 10 para. 3 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  38. I38
    Sch. 10 para. 4 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  39. I39
    Sch. 10 para. 5 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  40. I40
    Sch. 10 para. 6 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  41. I41
    Sch. 10 para. 7 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  42. I42
    Sch. 10 para. 8 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  43. I43
    Sch. 10 para. 9 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  44. I44
    Sch. 10 para. 10 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  45. I45
    Sch. 10 para. 11 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  46. I46
    Sch. 10 para. 12 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  47. I47
    Sch. 10 para. 13 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  48. I48
    Sch. 10 para. 14 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  49. I49
    Sch. 10 para. 15 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  50. I50
    Sch. 10 para. 16 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  51. I51
    Sch. 10 para. 17 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  52. I52
    Sch. 10 para. 18 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  53. I53
    Sch. 10 para. 19 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  54. I54
    Sch. 10 para. 20 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  55. I55
    Sch. 10 para. 21 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  56. I56
    Sch. 10 para. 22 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  57. I57
    Sch. 10 para. 23 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  58. I58
    Sch. 10 para. 24 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  59. I59
    Sch. 10 para. 25 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  60. I60
    Sch. 10 para. 26 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  61. I61
    Sch. 10 para. 27 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  62. I62
    Sch. 10 para. 28 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  63. I63
    Sch. 10 para. 29 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  64. I64
    Sch. 10 para. 30 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  65. I65
    Sch. 10 para. 31 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  66. I66
    Sch. 10 para. 32 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  67. I67
    Sch. 10 para. 33 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  68. I68
    Sch. 10 para. 34 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  69. I69
    Sch. 10 para. 35 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  70. I70
    Sch. 10 para. 36 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  71. I71
    Sch. 10 para. 37 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)
  72. I72
    S. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 1
  73. I73
    S. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 2
  74. I74
    S. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 4
  75. I75
    S. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 5
  76. I76
    S. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 6
  77. I77
    S. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 7
  78. I78
    S. 12 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 8
  79. I79
    S. 13 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 9
  80. I80
    S. 14 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 10
  81. I81
    S. 15 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 11
  82. I82
    S. 16 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 12
  83. I83
    S. 17 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 13
  84. I84
    S. 18 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 14
  85. I85
    S. 19 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 15
  86. I86
    S. 20 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 16
  87. I87
    S. 21 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 17
  88. I88
    S. 22 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 18
  89. I89
    S. 23 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 19
  90. I90
    S. 24 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 20
  91. I91
    S. 25 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 21
  92. I92
    S. 26 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 22
  93. I93
    S. 29 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 24
  94. I94
    S. 30 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 25
  95. I95
    S. 32 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 26
  96. I96
    S. 36 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 30
  97. I97
    S. 37 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 31 (with Sch. 2 para. 1)
  98. I98
    S. 40 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 32
  99. I99
    S. 41 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 33
  100. I100
    S. 46 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 37
  101. I101
    S. 47 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 38
  102. I102
    S. 48 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 39
  103. I103
    S. 49 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 40
  104. I104
    S. 50 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 41
  105. I105
    S. 51 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 42
  106. I106
    S. 54 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 44
  107. I107
    S. 55 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 45
  108. I108
    S. 56 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 46
  109. I109
    S. 57 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 47
  110. I110
    S. 58 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 48
  111. I111
    S. 59 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 49
  112. I112
    S. 60 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 50
  113. I113
    S. 61 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 51
  114. I114
    S. 63 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 52 (with Sch. 2 para. 2)
  115. I115
    S. 67 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 53
  116. I116
    S. 69 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 54
  117. I117
    S. 70 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 55
  118. I118
    S. 71 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 56 (with Sch. 2 para. 3(a))
  119. I119
    S. 72 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 57 (with Sch. 2 para. 3(a))
  120. I120
    S. 73 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 58 (with Sch. 2 para. 3(a))
  121. I121
    S. 74 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 59 (with Sch. 2 para. 4(a))
  122. I122
    S. 75 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 60
  123. I123
    S. 76 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 61
  124. I124
    S. 77 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 62
  125. I125
    S. 78 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 63
  126. I126
    S. 79 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 64 (with Sch. 2 para. 5)
  127. I127
    S. 80 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 65 (with Sch. 2 para. 5)
  128. I128
    S. 81 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 66
  129. I129
    S. 82 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 67
  130. I130
    S. 83 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 68
  131. I131
    S. 84(1)-(3) in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 69 (with Sch. 2 para. 6)
  132. I132
    S. 87 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 70 (with Sch. 2 para. 6)
  133. I133
    S. 92 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 71
  134. I134
    Sch. 1 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  135. I135
    Sch. 1 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  136. I136
    Sch. 1 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  137. I137
    Sch. 1 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  138. I138
    Sch. 1 para. 8 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  139. I139
    Sch. 1 para. 9 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  140. I140
    Sch. 1 para. 11 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  141. I141
    Sch. 1 para. 12 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  142. I142
    Sch. 1 para. 14 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  143. I143
    Sch. 1 para. 15 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  144. I144
    Sch. 1 para. 16 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  145. I145
    Sch. 1 para. 17 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  146. I146
    Sch. 1 para. 18 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  147. I147
    Sch. 1 para. 19 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  148. I148
    Sch. 1 para. 20 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  149. I149
    Sch. 1 para. 21 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  150. I150
    Sch. 1 para. 22 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  151. I151
    Sch. 1 para. 23 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  152. I152
    Sch. 1 para. 25 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 72
  153. I153
    Sch. 2 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  154. I154
    Sch. 2 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  155. I155
    Sch. 2 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  156. I156
    Sch. 2 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  157. I157
    Sch. 2 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  158. I158
    Sch. 2 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 73
  159. I159
    Sch. 4 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 74
  160. I160
    Sch. 4 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 74
  161. I161
    Sch. 4 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 74
  162. I162
    Sch. 4 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 74
  163. I163
    Sch. 6 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  164. I164
    Sch. 6 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  165. I165
    Sch. 6 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  166. I166
    Sch. 6 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  167. I167
    Sch. 6 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  168. I168
    Sch. 6 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  169. I169
    Sch. 6 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  170. I170
    Sch. 6 para. 8 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  171. I171
    Sch. 6 para. 9 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  172. I172
    Sch. 6 para. 10 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  173. I173
    Sch. 6 para. 11 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  174. I174
    Sch. 6 para. 12 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 75
  175. I175
    Sch. 11 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  176. I176
    Sch. 11 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  177. I177
    Sch. 11 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  178. I178
    Sch. 11 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  179. I179
    Sch. 11 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  180. I180
    Sch. 11 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  181. I181
    Sch. 11 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  182. I182
    Sch. 11 para. 8 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  183. I183
    Sch. 11 para. 10 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  184. I184
    Sch. 11 para. 12 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  185. I185
    Sch. 11 para. 13 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  186. I186
    Sch. 11 para. 14 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  187. I187
    Sch. 11 para. 15 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  188. I188
    Sch. 11 para. 16 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  189. I189
    Sch. 11 para. 17 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  190. I190
    Sch. 11 para. 18 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  191. I191
    Sch. 11 para. 19 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  192. I192
    Sch. 11 para. 20 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  193. I193
    Sch. 11 para. 21 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  194. I194
    Sch. 11 para. 22 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 77
  195. I195
    Sch. 12 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  196. I196
    Sch. 12 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  197. I197
    Sch. 12 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  198. I198
    Sch. 12 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  199. I199
    Sch. 12 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  200. I200
    Sch. 12 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  201. I201
    Sch. 12 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  202. I202
    Sch. 12 para. 8 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  203. I203
    Sch. 12 para. 10 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  204. I204
    Sch. 12 para. 11 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  205. I205
    Sch. 12 para. 12 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  206. I206
    Sch. 12 para. 14 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 78
  207. I207
    Sch. 13 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79
  208. I208
    Sch. 13 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79
  209. I209
    Sch. 13 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79
  210. I210
    Sch. 13 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79
  211. I211
    Sch. 13 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79 (with Sch. 2 para. 3(b))
  212. I212
    Sch. 13 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79 (with Sch. 2 para. 4(b))
  213. I213
    Sch. 13 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 79
  214. I214
    Sch. 14 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  215. I215
    Sch. 14 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  216. I216
    Sch. 14 para. 3 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80 (with Sch. 2 para. 3(c)4(c))
  217. I217
    Sch. 14 para. 4 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  218. I218
    Sch. 14 para. 5 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  219. I219
    Sch. 14 para. 6 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  220. I220
    Sch. 14 para. 7 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  221. I221
    Sch. 14 para. 8 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  222. I222
    Sch. 14 para. 9 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 80
  223. I223
    Sch. 15 para. 1 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 81 (with Sch. 2 para. 5)
  224. I224
    Sch. 15 para. 2 in force at 13.4.2015 by S.I. 2015/778, art. 3, Sch. 1 para. 81
  225. I225
    S. 28 in force at 17.7.2015 by S.I. 2015/1463, art. 2(a)
  226. I226
    Sch. 5 para. 1 in force at 17.7.2015 by S.I. 2015/1463, art. 2(b)
  227. I227
    Sch. 5 para. 2 in force at 17.7.2015 by S.I. 2015/1463, art. 2(b)
  228. I228
    Sch. 5 para. 9 in force at 17.7.2015 by S.I. 2015/1463, art. 2(b)
  229. I229
    S. 42 in force at 26.10.2015 by S.I. 2015/1778, art. 3(a)
  230. I230
    S. 91 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(i)
  231. I231
    Sch. 16 para. 1 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii)
  232. I232
    Sch. 16 para. 2 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
  233. I233
    Sch. 16 para. 3 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(b))
  234. I234
    Sch. 16 para. 4 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
  235. I235
    Sch. 16 para. 5 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
  236. I236
    Sch. 16 para. 6 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
  237. I237
    Sch. 16 para. 7 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(a))
  238. I238
    Sch. 16 para. 8 in force at 26.10.2015 by S.I. 2015/1778, art. 3(b)(ii) (with art. 4(c))
  239. C1
    S. 97(5) restricted (12.5.2016) by Armed Forces Act 2016 (c. 21), s. 19(2)(b), Sch. para. 4(e) (with Sch. para. 5)
  240. I239
    S. 64 in force at 8.8.2016 by S.I. 2016/717, art. 3(a) (with art. 4)
  241. I240
    S. 65 in force at 8.8.2016 by S.I. 2016/717, art. 3(b) (with art. 5)
  242. I241
    S. 84(4)-(6) in force at 8.8.2016 by S.I. 2016/717, art. 3(c) (with art. 6)
  243. I242
    S. 88 in force at 8.8.2016 by S.I. 2016/717, art. 3(d) (with art. 7)
  244. I243
    S. 89 in force at 8.8.2016 by S.I. 2016/717, art. 3(e) (with art. 7)
  245. I244
    S. 90 in force at 8.8.2016 by S.I. 2016/717, art. 3(f) (with art. 7)
  246. I245
    S. 68(1) in force at 9.9.2016 for specified purposes by S.I. 2016/896, art. 2(a)
  247. I246
    S. 68(3) in force at 9.9.2016 by S.I. 2016/896, art. 2(b)
  248. I247
    S. 68(1) in force at 1.12.2016 in so far as not already in force by S.I. 2016/896, art. 3(a)
  249. I248
    S. 68(2) in force at 1.12.2016 by S.I. 2016/896, art. 3(b)
  250. I249
    Sch. 7 para. 14 in force at 23.2.2017 by S.I. 2017/189, art. 2
  251. I250
    S. 31(1)-(4) in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  252. I251
    S. 31(5) in force at 23.2.2017 for specified purposes and otherwise in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, arts. 2, 3(2)
  253. I252
    S. 31(6)(a) in force at 23.2.2017 for specified purposes and otherwise in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, arts. 2, 3(2)
  254. I253
    Sch. 7 para. 1 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  255. I254
    Sch. 7 para. 2 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  256. I255
    Sch. 7 para. 3 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  257. I256
    Sch. 7 para. 4 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  258. I257
    Sch. 7 para. 5 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  259. I258
    Sch. 7 para. 6 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  260. I259
    Sch. 7 para. 7 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  261. I260
    Sch. 7 para. 8 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  262. I261
    Sch. 7 para. 9 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  263. I262
    Sch. 7 para. 10 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  264. I263
    Sch. 7 para. 11 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  265. I264
    Sch. 7 para. 12 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  266. I265
    Sch. 7 para. 13 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  267. I266
    Sch. 7 para. 15 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  268. I267
    Sch. 7 para. 16 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  269. I268
    Sch. 7 para. 17 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  270. I269
    Sch. 7 para. 18 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  271. I270
    Sch. 7 para. 19 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  272. I271
    Sch. 7 para. 20 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  273. I272
    Sch. 7 para. 21 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  274. I273
    Sch. 7 para. 22 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  275. I274
    Sch. 7 para. 26 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  276. I275
    Sch. 7 para. 27 in force in accordance with art. 3(1)(3) of the commencing S.I. by S.I. 2017/189, art. 3(2)
  277. C2
    S. 88 excluded (28.2.2017) by The Criminal Justice and Courts Act 2015 (Disapplication of Sections 88 and 89) Regulations 2017 (S.I. 2017/100), regs. 1, 2(1)
  278. C3
    S. 89 excluded (28.2.2017) by The Criminal Justice and Courts Act 2015 (Disapplication of Sections 88 and 89) Regulations 2017 (S.I. 2017/100), regs. 1, 2(1)
  279. I276
    S. 66 in force at 28.6.2018 by S.I. 2018/732, art. 2 (with art. 3)
  280. F1
    Sch. 4 para. 1(1)(ca) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 54(2)
  281. F2
    Definitions of “care home service” and “residential family centre service” in Sch. 4 para. 4 inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 54(3)
  282. F3
    Words in s. 22(8) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 31(a)
  283. F4
    Words in s. 22(8) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 31(b)
  284. F5
    Word in Sch. 4 para. 1(1)(ca)(i) omitted (29.4.2019) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(1), 32(a)(i)
  285. F6
    Sch. 4 para. 1(1)(ca)(iii) and word inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 32(a)(ii)
  286. F7
    Words in Sch. 4 para. 4 inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2019 (S.I. 2019/772), regs. 1(2), 32(b)
  287. C4
    S. 5 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
  288. C5
    S. 15 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
  289. C6
    S. 28 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
  290. C7
    S. 54 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) (with Sch. 1 para. 2); S.I. 2012/1236, reg. 2
  291. F8
    S. 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
  292. F9
    S. 5(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
  293. F10
    S. 15(1)-(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
  294. F11
    S. 27 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
  295. F12
    S. 28(1)-(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
  296. F13
    S. 53 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
  297. F14
    S. 54(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
  298. F15
    S. 54(4) 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
  299. F16
    S. 83(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
  300. F17
    Sch. 1 para. 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
  301. F18
    Sch. 1 para. 13 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
  302. F19
    Sch. 1 para. 24 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
  303. F20
    Sch. 9 para. 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
  304. F21
    Sch. 11 para. 23 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
  305. F22
    Sch. 12 para. 9 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
  306. F23
    Sch. 12 para. 13 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
  307. F24
    Sch. 12 para. 15 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
  308. F25
    Sch. 12 para. 16 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
  309. F26
    Ss. 43-45 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
  310. F27
    Sch. 1 paras. 2-4 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
  311. F28
    Sch. 5 paras. 3-8 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
  312. F29
    Sch. 5 paras. 10-17 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
  313. F30
    Words in s. 22(5)(a) substituted (1.4.2021) by The Local Government and Elections (Wales) Act 2021 (Consequential Amendments) Regulations 2021 (S.I. 2021/296), regs. 1(2), 10
  314. F31
    Words in s. 20(9) 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
  315. F32
    Words in s. 29(3)(a) 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
  316. F33
    Words in Sch. 10 para. 15(4) 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
  317. F34
    Words in Sch. 10 para. 25(4) 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
  318. F35
    Sch. 3 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 135(b), 208(5)(n)
  319. F36
    Ss. 8-10 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 135(a), 208(5)(n)
  320. F37
    S. 11(1) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(12), 208(5)(p)
  321. F38
    S. 11(4) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 144(12), 208(5)(p)
  322. I277
    S. 11(2)(3)(5) in force at 29.6.2022 by S.I. 2022/716, art. 2
  323. F39
    Sch. 11 para. 9 omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 35(a); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  324. F40
    Sch. 11 para. 11 omitted (30.11.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 10 para. 35(b); S.I. 2022/1187, reg. 4(a) (with Pt. 3)
  325. F41
    Words in s. 20(2)(b) 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
  326. F42
    Words in s. 20(9) 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
  327. F43
    Words in s. 29(3)(a) substituted (E.W.) (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
  328. F44
    Words in Sch. 10 para. 15(3)(b) 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
  329. F45
    Words in Sch. 10 para. 15(4) 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
  330. F46
    Words in Sch. 10 para. 25(3)(b) 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
  331. F47
    Words in Sch. 10 para. 25(4) 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
  332. F48
    Sch. 8 omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 22(3); S.I. 2024/31, reg. 2
  333. F49
    Ss. 33-35 repealed (31.1.2024) by Online Safety Act 2023 (c. 50), ss. 190, 240(1); S.I. 2024/31, reg. 2
  334. F50
    S. 96(6)(c) omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 22(2); S.I. 2024/31, reg. 2
  335. F51
    S. 96(6)(g) omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50), s. 240(1), Sch. 14 para. 22(2); S.I. 2024/31, reg. 2
  336. F52
    Words in Sch. 4 para. 2(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 15(a)
  337. F53
    Words in Sch. 4 para. 3(f) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 15(b)
  338. F54
    S. 21(8)(ba)(bb) inserted (W.) (1.1.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 2 para. 5(2); S.I. 2025/1257, art. 4(b)
  339. F55
    S. 21(8)(d)(e) substituted for s. 21(8)(d) (W.) (1.4.2026) by Health and Social Care (Wales) Act 2025 (asc 1), s. 29(2), Sch. 1 para. 6(2); S.I. 2025/1257, art. 3(2)(f)