2009 No. 3074 (C. 135)
The Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009
Made
The Secretary of State, in exercise of the powers conferred by section 153(5)(a), (7) and (8)(b) of the Criminal Justice and Immigration Act 20081, makes the following Order:
Citation, interpretation and extent1
1
This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009.
Appointed date
2
The date appointed for the coming into force of the following provisions of the 2008 Act is 30 November 2009—
a
section 1 (youth rehabilitation orders) to the extent not already in force;
b
section 2 (breach, revocation or amendment of youth rehabilitation orders);
c
section 3 (transfer of youth rehabilitation order to Northern Ireland);
d
section 4 (meaning of “responsible officer”);
e
section 5 (responsible officer and offender: duties in relation to the other);
f
section 6(1) (abolition of certain youth orders and related amendments) save to the extent it abolishes attendance centre orders and (2) and (3) to the extent they relate to the provisions specified in paragraph (p);
g
section 7 (youth rehabilitation orders: interpretation);
h
section 8 (Isles of Scilly);
i
section 75 (offences relating to the physical protection of nuclear material and nuclear facilities);
j
section 126(2) (police misconduct and performance procedures) in so far as it relates to the provision specified in paragraph (r);
k
section 148(1) and (2) (consequential etc. amendments and transitional and saving provisions), in so far as it relates to the provisions specified in paragraphs (s) and (t) respectively;
l
section 149 (repeals and revocations) in so far as it relates to the provisions specified in paragraph (u);
m
Schedule 1 (further provision about youth rehabilitation orders) to the extent not already in force;
n
Schedule 2 (breach, revocation or amendment of youth rehabilitation orders);
o
Schedule 3 (transfer of youth rehabilitation orders to Northern Ireland);
p
in Schedule 4 (youth rehabilitation orders: consequential and related amendments)—
i
paragraphs 1 and 2;
ii
paragraph 3(1), (2) and (4);
iii
paragraphs 4 to 23;
iv
paragraph 24 save to the extent it refers to Schedule 5 of the 2000 Act;
v
paragraphs 26 to 53;
vi
paragraph 54 to the extent it omits “any community order or” in section 74(3)(a) of the 2000 Act4;
vii
paragraphs 55 and 56;
viii
paragraph 57 save to the extent it omits section 137(2)(b) of the 2000 Act;
ix
paragraph 58;
x
paragraph 59(a), (b) and (d);
xi
paragraph 60(1), (2) to the extent it omits “40(1), 40C(1) or” in section 160(2)(a) of the 2000 Act and “40(2)(b), 40C(2), 68” in section 160(2)(b) of that Act, (3) and (4) to the extent it omits “37(6), 40(2), 40A(6), 40C(2)” in section 160(5)(a) of the 2000 Act and section 160(5)(b) of that Act;
xii
paragraph 61(a) save to the extent it omits the definitions of “attendance centre”, “attendance centre order” and “youth community order”, (b) and (c);
xiii
paragraphs 62 to 91;
xiv
paragraph 92(b);
xv
paragraphs 93 to 109;
q
Schedule 17 (offences relating to nuclear material and nuclear facilities);
r
in Schedule 22 (police misconduct and performance procedures), Part 2 (amendments of Ministry of Defence Police Act 19875);
s
in Schedule 26 (minor and consequential amendments), paragraph 79 (Terrorism Act 20066);
t
in Schedule 27 (transitory, transitional and saving provisions)—
i
paragraphs 1 to 7 (youth justice);
ii
paragraph 26 (offences relating to nuclear material and nuclear facilities);
iii
paragraph 35(2)(b) (police misconduct and performance procedures);
u
in Part 1 of Schedule 28 (repeals and revocations) the entries relating to —
i
section 34(7) of the Children and Young Persons Act 19337;
ii
the Social Work (Scotland) Act 19688;
iii
the Children and Young Persons Act 19699;
iv
the Northern Ireland (Modification of Enactments – No. 1) Order 197310;
v
the Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 197311;
vi
the Bail Act 197612;
vii
Schedule 6A of the Magistrates’ Courts Act 198013 save to the extent it refers to Schedule 5 to the 2000 Act;
viii
Schedule 13 of the Criminal Justice Act 198214;
ix
the Mental Health Act 198315;
x
the Health and Social Services and Social Security Adjudications Act 198316;
xi
the Children Act 198917;
xii
the Criminal Justice Act 199118;
xiii
the Children (Prescribed Orders – Northern Ireland, Guernsey and Isle of Man) Regulations 199119;
xiv
the Prisoners (Return to Custody) Act 199520;
xv
the Children (Northern Ireland Consequential Amendments) Order 199521;
xvi
the Crime and Disorder Act 199822;
xviii
Chapter 2 of Part 4 of the 2000 Act;
xix
section 60(1)(a) in Chapter 4 of Part 4 of the 2000 Act 25;
xx
Chapter 5 of Part 4 of the 2000 Act;
xxi
section 74(3)(a) of the 2000 Act to the extent it omits “any community order or”
xxii
sections 75 and 137(2)(a), (c) and (d) of the 2000 Act;
xxiii
section 159 of the 2000 Act save for the words “paragraph 1(1) of Schedule 5 to this Act”;
xxiv
section 160 of the 2000 Act to the extent it refers to “40(1), 40C(1) or” in subsection (2)(a), “40(2)(b), 40C(2), 68” in subsection 2(b), subsection (3)(a) and “37(6), 40(2), 40A(6), 40C(2)” in subsection (5)(a) and subsection (5)(b);
xxv
section 163 of the 2000 Act save in so far as it relates to the definitions of “attendance centre”, “attendance centre order” and “youth community order”;
xxvi
Schedules 3, 6, 7, 8, 10 and 11 to the 2000 Act;
xxvii
Schedule 9 to the 2000 Act save to the extent that paragraph 80 of that Schedule relates to the failure to comply with an attendance centre order or attendance centre rules;
xxviii
the Care Standards Act 200026;
xxix
the Criminal Justice and Court Services Act 200027 save for the entries related to section 52 and paragraphs 196(a) and (d) and 197(a) of Schedule 7;
xxx
the Anti-social Behaviour Act 200328;
xxxi
the 2003 Act save for the entries related to section 221(2) and paragraphs 8(2)(a), 95 in so far as it relates to the references in section 33(1) to an attendance centre order in the 2000 Act, 96, 102, 107 and 123(3) and (8) of Schedule 32; and
v
in Part 5 of Schedule 28 (repeals and revocations), the entries relating to the Nuclear Material (Offences) Act 198329).
3
The date appointed for the coming into force of the following provisions of the 2008 Act insofar as they relate to English NHS premises and are not already in force, is 30 November 2009—
a
section 119 (offence of causing nuisance or disturbance on NHS premises);
b
section 120 (power to remove person causing nuisance or disturbance);
c
section 121 (guidance about the power to remove etc.).
Transitory provision4
Until section 6 of the 2008 Act comes fully into force, paragraph (b) of the definition of “relevant person” in section 47(11) of the Violent Crime Reduction Act 2006e has effect as if it read “(b) an attendance centre order under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or a youth rehabilitation order under Part 1 of the Criminal Justice and Immigration Act 2008 (c.4)”.
Signed by the authority of the Secretary of State
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I. No. |
|---|---|---|
Section 1 (partially) | 1 April 2009 | |
Section 10 | 14 July 2008 | |
Section 11 (partially) | 14 July 2008 | |
Section 12 | 14 July 2008 | |
Section 13 | 14 July 2008 | |
Section 14 | 14 July 2008 | |
Section 15 | 14 July 2008 | |
Section 16 | 14 July 2008 | |
Section 17 | 14 July 2008 | |
Section 18 | 14 July 2008 | |
Section 20 | 14 July 2008 | |
Section 21 (partially) | 3 November 2008 | |
(partially) | 31 October 2009 | |
Section 22 | 3 November 2008 | |
Section 23 | 3 November 2008 | |
Section 24 | 14 July 2008 | |
Section 25 | 14 July 2008 | |
Section 26 (partially) | 9 June 2008 | |
(partially) | 31 October 2009 | |
Section 27 | 14 July 2008 | |
Section 28 | 14 July 2008 | |
Section 29 (partially) | 14 July 2008 | |
(partially) | 31 October 2009 | |
Section 30 | 14 July 2008 | |
Section 31 | 14 July 2008 | |
Section 32 | 14 July 2008 | |
Section 33 (partially) | 3 November 2008 | |
Section 34 (partially) | 3 November 2008 | |
Section 35 | 27 April 2009 | |
Section 36 | 27 April 2009 | |
Section 37 | 27 April 2009 | |
Section 38 | 14 July 2008 | |
Section 40 | 14 July 2008 | |
Section 41 | 3 November 2008 | |
Section 42 | 14 July 2008 | |
Section 43 | 14 July 2008 | |
Section 44 | 14 July 2008 | |
Section 45 | 14 July 2008 | |
Section 46 (partially) | 14 July 2008 | |
Section 47 | 14 July 2008 | |
Section 48 (partially) | 1 February 2009 | |
(partially) | 16 November 2009 | |
Section 49 | 19 December 2008 | |
Section 50 | 19 December 2008 | |
Section 51 | 3 November 2008 | |
Section 52 | 14 July 2008 | |
Section 54 | 14 July 2008 | |
Section 55 | 14 July 2008 | |
Section 56 | 14 July 2008 | |
Section 57 | 14 July 2008 | |
Section 58 | 14 July 2008 | |
Section 59 | 14 July 2008 | |
Section 60 | 3 November 2008 | |
Section 61 | 1 December 2008 | |
Section 63 | 26 January 2009 | |
Section 64 | 26 January 2009 | |
Section 65 | 26 January 2009 | |
Section 66 | 26 January 2009 | |
Section 67 | 26 January 2009 | |
Section 68 | 26 January 2009 | |
Section 71 | 26 January 2009 | |
Section 72 | 14 July 2008 | |
Section 73 | 14 July 2008 | |
Section 76 | 14 July 2008 | |
Section 80 | 1 October 2009 | |
Section 81 | 1 October 2009 | |
Section 82 | 1 October 2009 | |
Section 83 | 1 October 2009 | |
Section 84 | 1 October 2009 | |
Section 85 | 1 October 2009 | |
Section 86 | 1 October 2009 | |
Section 87 | 1 October 2009 | |
Section 88 | 1 October 2009 | |
Section 89 | 1 October 2009 | |
Section 90 | 1 October 2009 | |
Section 91 | 1 October 2009 | |
Section 92 | 1 October 2009 | |
Section 93 | 14 July 2008 | |
Section 94 | 14 July 2008 | |
Section 95 | 14 July 2008 | |
Section 96 | 14 July 2008 | |
Section 97 | 14 July 2008 | |
Section 98 | 3 August 2009 | |
Section 99 | 3 August 2009 | |
Section 100 | 3 August 2009 | |
Section 101 | 3 August 2009 | |
Section 102 | 3 August 2009 | |
Section 103 | 3 August 2009 | |
Section 104 | 3 August 2009 | |
Section 105 | 3 August 2009 | |
Section 106 | 3 August 2009 | |
Section 107 | 3 August 2009 | |
Section 108 | 3 August 2009 | |
Section 109 | 3 August 2009 | |
Section 110 | 3 August 2009 | |
Section 111 | 3 August 2009 | |
Section 112 | 3 August 2009 | |
Section 113 | 3 August 2009 | |
Section 114 | 3 August 2009 | |
Section 115 | 3 August 2009 | |
Section 116 | 3 August 2009 | |
Section 117 | 3 August 2009 | |
Section 118 | 1 December 2008 | |
Section 119 (partially) | 1 January 2009 | |
Section 120 (partially) | 1 January 2009 | |
Section 121 (partially) | 1 January 2009 | |
Section 123 | 1 February 2009 | |
Section 124 | 1 February 2009 | |
Section 125 | 1 April 2009 | |
Section 126 (partially) | 14 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
Section 127 (partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
Section 129 | 3 November 2008 | |
Section 140 | 14 July 2008 | |
Section 141 | 14 July 2008 | |
Section 142 | 14 July 2008 | |
Section 143 | 1 April 2009 | |
Section 144 (partially) | 1 October 2009 | |
Section 145 (partially) | 31 October 2009 | |
(partially) | 31 October 2009 | |
Section 146 | 1 April 2009 | |
Section 148 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
(partially) | 15 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
(partially) | 19 December 2008 | |
(partially) | 26 January 2009 | |
(partially) | 1 February 2009 | |
(partially) | 1 April 2009 | |
(partially) | 27 April 2009 | |
(partially) | 8 July 2009 | |
(partially) | 3 August 2009 | |
(partially) | 1 October 2009 | |
(partially) | 31 October 2009 | |
(partially) | 16 November 2009 | |
Section 149 (partially) | 14 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
(partially) | 1 April 2009 | |
(partially) | 27 April 2009 | |
(partially) | 31 October 2009 | |
Section 151 | 31 October 2009 | |
Schedule 1 (partially) | 1 April 2009 | |
Schedule 5 | 14 July 2008 | |
Schedule 6 | 3 November 2008 | |
Schedule 8 | 14 July 2008 | |
Schedule 9 (partially) | 1 February 2009 | |
(partially) | 1 April 2009 | |
(partially) | 16 November 2009 | |
Schedule 10 | 19 December 2008 | |
Schedule 11 | 3 November 2008 | |
Schedule 12 | 14 July 2008 | |
Schedule 14 | 26 January 2009 | |
Schedule 15 | 14 July 2008 | |
Schedule 18 | 1 October 2009 | |
Schedule 19 | 1 October 2009 | |
Schedule 20 | 1 December 2008 | |
Schedule 22 (partially) | 14 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
Schedule 23 (partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
Schedule 24 | 14 July 2008 | |
Schedule 25 (partially) | 31 October 2009 | |
(partially) | 31 October 2009 | |
Schedule 26 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
(partially) | 15 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 26 January 2009 | |
(partially) | 27 April 2009 | |
(partially) | 8 July 2009 | |
(partially) | 31 October 2009 | |
(partially) | 16 November 2009 | |
Schedule 27 (partially) | 9 June 2008 | |
(partially) | 14 July 2008 | |
(partially) | 1 December 2008 | |
(partially) | 19 December 2008 | |
(partially) | 26 January 2009 | |
(partially) | 1 February 2009 | |
(partially) | 1 April 2009 | |
(partially) | 3 August 2009 | |
(partially) | 1 October 2009 | |
(partially) | 16 November 2009 | |
Schedule 28 (partially) | 14 July 2008 | |
(partially) | 3 November 2008 | |
(partially) | 1 December 2008 | |
(partially) | 1 April 2009 | |
(partially) | 27 April 2009 | |
(partially) | 8 July 2009 | |
(partially) | 31 October 2009 |