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The Serious Organised Crime and Police Act 2005 (Commencement No. 13) Order 2008

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Statutory Instruments

2008 No. 1325 (C. 58)

Defence

The Serious Organised Crime and Police Act 2005 (Commencement No. 13) Order 2008

Made

20th May 2008

The Secretary of State makes the following Order in exercise of the powers conferred by section 178(8) of the Serious Organised Crime and Police Act 2005(1):

1.  This Order may be cited as the Serious Organised Crime and Police Act 2005 (Commencement No.13) Order 2008.

2.  Section 170 of the Serious Organised Crime and Police Act 2005 shall come into force on 1st June 2008.

Derek Twigg

Parliamentary Under Secretary of State

Ministry of Defence

20th May 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 170 of the Serious Organised Crime and Police Act 2005. Section 170 makes amendments to section 25 of the Armed Forces Act 2001 (c. 19), which in turn inserted new sections into the Army Act 1955 (c. 18), the Air Force Act 1955 (c. 19) and the Naval Discipline Act 1957 (c. 53) (‘the Service Discipline Acts’). The amended sections of the Service Discipline Acts now contain provisions equivalent to that provided for in the civilian courts by section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 (c. 69), as amended by section 169 of the 2005 Act, and change the criteria that a judge advocate must be satisfied are met before issuing a warrant for the arrest of a witness in proceedings before a court-martial.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Serious Organised Crime and Police Act 2005 have been brought into force by commencement orders made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Section 1(1) and (2)(partially)1st March 20062006/378
Section 1(1) and (2)(to the extent not already in force)1st April 20062006/378
Section 1(3)1st January 20062005/3495
Sections 2 to 51st April 20062006/378
Section 61st March 20062006/378
Section 71st April 20062006/378
Sections 8 to 101st January 20062005/3495
Sections 11 to 161st April 20062006/378
Sections 17 and 181st January 20062005/3495
Sections 19 to 261st April 20062006/378
Section 271st January 20062005/3495
Sections 28 to 381st April 20062006/378
Section 391st January 20062005/3495
Sections 40 and 411st April 20062006/378
Section 421st January 20062005/3495
Sections 43and44(1)1st March 20062006/378
Section 44(2)1st January 20062005/3495
Sections 45 to 511st April 20062006/378
Section 521st January 20062005/3495
Section 531st April 20062006/378
Section 541st January 20062005/3495
Section 55(1)(e) and(2)1st March 20062006/378
Section 55(to the extent not already in force)1st April 20062006/378
Sections 56 and 571st April 20062006/378
Section 581st January 20062005/3495
Section 59(partially)1st January 20062005/3495
Section 59(to the extent not already in force)1st April 20062006/378
Sections 60 to 70(as to England and Wales)1st April 20062005/1521
Sections 71 to 751st April 20062006/378
Section 761st April 20062006/378
Section 781st April 20062006/378
Sections 79 to 81(as to England and Wales and Northern Ireland)1st April 20062006/378
Sections 82 to 94(as to England and Wales and Northern Ireland)1st April 20062005/1521
Section 951st July 20052005/1521
Section 96(Scotland)1st July 2005SSI 2005/358
Section 96(England, Wales and Northern Ireland)1st July 20052005/1521
Section 971st July 20052005/1521
Section 981st January 20062005/3136
Sections 99 to 1011st July 20052005/1521
Section 10215th May 20062006/1085
Sections 103 to 1081st July 20052005/1521
Section 109(partially)1st August 20052005/2026
Section 109(to the extent not already in force)1st January 20062005/3136
Sections 110 and 1111st January 20062005/3495
Section 1121st July 20052005/1521
Sections 113and114(1) to (8)1st January 20062005/3495
Section 1151st July 20052005/1521
Section 116(1) to (3)and(5)1st August 20052005/2026
Section 116(to the extent not already in force)1st January 20062005/3495
Section 1181st January 20062005/3495
Section 1191st July 20052005/1521
Section 122(1) to (6)1st August 20052005/2026
Section 122(7)(partially)1st July 20052005/1521
Section 122(7)(partially)1st January 20062005/3495
Sections 123 to 1311st July 20052005/1521
Section 132(partially)1st July 20052005/1521
Section 132(to the extent not already in force)1st August 20052005/1521
Section 133(partially)1st July 20052005/1521
Section 133(to the extent not already in force)1st August 20052005/1521
Section 134(partially)1st July 20052005/1521
Section 134(to the extent not already in force)1st August 20052005/1521
Sections 135 to 1371st August 20052005/1521
Sections 138 to 1431st July 20052005/1521
Section 144(partially)20th July 20062006/1871
Sections 145 to 1551st July 20052005/1521
Section 1561st July 2005SSI 2005/358
Section 1571st April 20062005/1521
Sections 159 and 1601st July 20052005/1521
Section 161(1)8th May 20062006/1085
Section 161 (2) to (5)(partially)1st July 20052005/1521
Section 161(2) to (4)(to the extent not already in force)1st August 20052005/2026
Section 161(5)(to the extent not already in force)8th May 20062006/1085
Section 162(partially)1st July 20052005/1521
Section 163(1), (2) and (3)(partially) (as to England and Wales)6th April 20062006/378
Section 163(2)(partially) (as to England and Wales)25th September 20062006/2182
Section 163(2)(partially) (as to England and Wales)12th November 20072007/3064
Section 163(2)(partially) (as to England and Wales)28th February 20082008/306
Section 163(3)(as to Northern Ireland)3rd December 20072007/3341
Section 164(as to Scotland)1st July 2005SSI 2005/358
Section 164(to the extent not already in force)1st July 20052005/1521
Section 165(partially) (as to England, Wales and Northern Ireland)1st July 20052005/1521
Section 165(to the extent not already in force) (as to England and Wales)6th April 20062006/378
Section 165(2) and (3)(as to Northern Ireland)3rd December 20072007/3341
Section 166(partially) (as to Scotland)1st July 2005SSI 2005/358
Section 166(partially) (as to England, Wales and Northern Ireland)1st July 20052005/1521
Section 166(2)(as to Northern Ireland)3rd December 20072007/3341
Sections 168 and 1691st July 20052005/1521
Section 171(1)(partially) (as to Scotland)30th June 2006SSI 2006/381
Section 171(1)(partially) (as to England and Wales)6th July 2006SSI 2006/381
Section 171(2)6th July 2006SSI 2006/381
Section 174(1)1st January 20062005/3495
Section 174(2)(partially)1st July 20052005/1521
Section 174(2)(partially)1st January 20062005/3495
Section 174(2)(partially)1st April 20062006/378
Section 174(2)(partially) (as to England and Wales)6th April 20062006/378
Section 174(2)(partially)8th May 20062006/1085
Section 1751st July 20052005/1521
Schedule 1(partially)1st March 20062006/378
Schedule 1(to the extent not already in force)1st April 20062006/378
Schedule 2(partially)1st March 20062006/378
Schedule 2(to the extent not already in force)1st April 20062006/378
Schedule 31st January 20062005/3495
Schedule 4(partially)1st January 20062005/3495
Schedule 4(partially)1st April 20062006/378
Schedule 5(as to England, Wales and Northern Ireland)1st April 20062005/1521
Schedule 6(partially)1st August 20052005/2026
Schedule 6(to the extent not already in force)1st January 20062005/3136
Schedule 71st January 20062005/3495
Schedule 8(partially)1st July 20052005/1521
Schedule 8(to the extent not already in force)1st January 20062005/3495
Schedule 9(partially)1st July 20052005/1521
Schedule 10(partially)20th July 20062006/1871
Schedules 11 and 121st July 20052005/1521
Schedule 13(partially)1st July 20052005/1521
Schedule 13(partially)8th May 20062006/1085
Schedule 14(partially) (as to England and Wales)6th April 20062006/378
Schedule 14(partially) (as to Northern Ireland)3rd December 20072007/3341
Schedule 15(partially) (as to Scotland)30th June 2006SSI 2006/381
Schedule 15(partially) (as to England and Wales)6th July 2006SSI 2006/381
Schedule 161st January 20062005/3495
Schedule 17(partially)1stJuly 20052005/1521
Schedule 17(partially)1st January 20062005/3495
Schedule 17(partially)1st April 20062006/378
Schedule 17(partially) (as to England and Wales)6th April 20062006/378
Schedule 17(partially)8th May 20062006/1085

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