1.  This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 1) Order 1991.

2.—(1) The provisions of the Criminal Justice Act 1991 (“the 1991 Act”) referred to in column (1) of Schedule 1 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 14th October 1991.

(2) Subject to paragraph (3) below, the provisions of the 1991 Act referred to in column (1) of Schedule 2 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 25th October 1991.

(3) Notwithstanding paragraph (2) above, section 26(3) of the 1991 Act shall not come into force in so far as it would, apart from this paragraph, have effect with respect to the penalty provided by section 10(2)(b) of the Badgers Act 1973(2) for an offence under section 9(3) of that Act (contravention of or failure to comply with terms of licence).

(4) Subject to paragraph (5) below, the provisions of the 1991 Act referred to in column (1) of Schedule 3 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 31st October 1991.

(5) Until such time as section 75 of the 1991 Act (which provides for the combining in one probation area of all of the petty sessions divisions of the inner London area) may be in force, the references in paragraph 3(5)(3) of Schedule 3 to the Powers of Criminal Courts Act 1973(4) to the inner London probation area shall be treated as if they were references to the inner London area.

3.—(1) Subject to paragraphs (2) and (3) below, this Order extends to England and Wales only.

(2) The following provisions of this Order also extend to Scotland, namely—

(a)in Schedule 1, the bringing into force of sections 99 and 102 of the 1991 Act;

(b)in Schedule 3, the bringing into force of section 26(4) of the 1991 Act.

(3) The following provisions of this Order also extend to Northern Ireland, namely, in Schedule 1, the bringing into force of sections 99 and 102 of the 1991 Act.

Article 2(1)

SCHEDULE 1PROVISIONS OF THE CRIMINAL JUSTICE ACT 1991 COMING INTO FORCE ON 14TH OCTOBER 1991

Article 2(2)

SCHEDULE 2PROVISIONS OF THE CRIMINAL JUSTICE ACT 1991 COMING INTO FORCE ON 25TH OCTOBER 1991

Article 2(4)

SCHEDULE 3PROVISIONS OF THE CRIMINAL JUSTICE ACT 1991 COMING INTO FORCE ON 31ST OCTOBER 1991

APPENDIX APROVISIONS OF SCHEDULE 11 COMING INTO FORCE ON 31ST OCTOBER 1991

So much of Schedule 11 as amends the following enactment:—

• Paragraph 2(2)(a) of Schedule 3 to the Powers of Criminal Courts Act 1973 (c. 62).

APPENDIX BPROVISIONS OF SCHEDULE 13 COMING INTO FORCE ON31ST OCTOBER 1991

So much of Schedule 13 as relates to the following enactment:—

• Section 11 of the Metropolitan Police Act 1839 (2 & 3 Vict. c.47).

Explanatory Note

(This note is not part of the Order)

Article 2(1) of this Order brings into force on 14th October 1991 (the commencement date for the relevant provisions of the Children Act 1989 (c. 41)) section 60(3) of the Criminal Justice Act 1991 (together with paragraph 23 of Schedule 12) relating to remands and committals of children and young persons to local authority accommodation and various connected provisions.

Article 2(2) brings into force, as from 25th October 1991 (the commencement date of the Badgers Act 1991 (c. 36)) section 26(3), which substitutes increased penalties for offences under the Badgers Act 1973; by virtue of article 2(3), the existing penalty for an offence under section 9(3), for which no provision would otherwise exist after the coming into force of section 26(3) of the Act of 1991, is kept in being.

By virtue of article 2(4) the provisions of the Act of 1991 listed in Schedule 3 to the Order, which relate to the alteration of certain penalties, arrangements for the provision of prisoner escorts, the contracting out of certain prisons, cash limiting for magistrates' courts and the probation services, and the provision by the Secretary of State of information for financial and other purposes come into force on 31st October 1991.