|
| |
|
(e) | the British Overseas Territories Act 2002, or |
| |
(f) | an instrument made under any of those Acts.” |
| |
(13) | In the Criminal Procedure (Scotland) Act 1995, in section 307 (interpretation)— |
| |
(a) | in subsection (1), in the definition of “officer of law”, after paragraph |
| |
| 5 |
“(bb) | subject to subsection (1AA) below, an |
| |
immigration officer acting with the authority |
| |
(which may be general or specific) of the |
| |
| |
(b) | after subsection (1A) insert— |
| 10 |
“(1AA) | The inclusion of immigration officers as “officers of law” shall |
| |
have effect only in relation to immigration offences and |
| |
nationality offences (within the meaning of Part 3 of the |
| |
Criminal Law (Consolidation) (Scotland) Act 1995).”; |
| |
(c) | in subsection (1B), for the words from “this Act” to “had the authority” |
| 15 |
| |
(a) | a certificate of the Commissioners for Her Majesty’s |
| |
Revenue and Customs that an officer of Revenue of |
| |
| |
(b) | a certificate of the Secretary of State that an immigration |
| 20 |
| |
| |
(14) | Schedule 17 (powers of immigration officers: further provision) has effect. |
| |
| |
| 25 |
(1) | After section 5 of the Road Traffic Act 1988 (“the 1988 Act”) insert— |
| |
“5A | Driving or being in charge of a motor vehicle with concentration of |
| |
specified controlled drug above specified limit |
| |
(1) | This section applies where a person (“D”)— |
| |
(a) | drives or attempts to drive a motor vehicle on a road or other |
| 30 |
| |
(b) | is in charge of a motor vehicle on a road or other public place, |
| |
| and there is in D’s body a specified controlled drug. |
| |
(2) | D is guilty of an offence if the proportion of the drug in D’s blood or |
| |
urine exceeds the specified limit for that drug. |
| 35 |
(3) | It is a defence for a person (“D”) charged with an offence under this |
| |
| |
(a) | the specified controlled drug had been prescribed or supplied |
| |
to D for medical or dental purposes, |
| |
(b) | D took the drug in accordance with any directions given by the |
| 40 |
person by whom the drug was prescribed or supplied, and with |
| |
any accompanying instructions (so far as consistent with any |
| |
such directions) given by the manufacturer or distributor of the |
| |
| |
|
| |
|
| |
|
(c) | D’s possession of the drug immediately before taking it was not |
| |
unlawful under section 5(1) of the Misuse of Drugs Act 1971 |
| |
(restriction of possession of controlled drugs) because of an |
| |
exemption in regulations made under section 7 of that Act |
| |
(authorisation of activities otherwise unlawful under foregoing |
| 5 |
| |
(4) | The defence in subsection (3) is not available if D’s actions were— |
| |
(a) | contrary to any advice, given by the person by whom the drug |
| |
was prescribed or supplied, about the amount of time that |
| |
should elapse between taking the drug and driving a motor |
| 10 |
| |
(b) | contrary to any accompanying instructions about that matter |
| |
(so far as consistent with any such advice) given by the |
| |
manufacturer or distributor of the drug. |
| |
(5) | If evidence is adduced that is sufficient to raise an issue with respect to |
| 15 |
the defence in subsection (3), the court must assume that the defence is |
| |
satisfied unless the prosecution proves beyond reasonable doubt that it |
| |
| |
(6) | It is a defence for a person (“D”) charged with an offence by virtue of |
| |
subsection (1)(b) to prove that at the time D is alleged to have |
| 20 |
committed the offence the circumstances were such that there was no |
| |
likelihood of D driving the vehicle whilst the proportion of the |
| |
specified controlled drug in D’s blood or urine remained likely to |
| |
exceed the specified limit for that drug. |
| |
(7) | The court may, in determining whether there was such a likelihood, |
| 25 |
disregard any injury to D and any damage to the vehicle. |
| |
(8) | In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means |
| |
specified in regulations made— |
| |
(a) | by the Secretary of State, in relation to driving or attempting to |
| |
drive, or being in charge of a vehicle, in England and Wales; |
| 30 |
(b) | by the Scottish Ministers, in relation to driving or attempting to |
| |
drive, or being in charge of a vehicle, in Scotland. |
| |
(9) | A limit specified under subsection (2) may be zero.” |
| |
(2) | In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection |
| |
| 35 |
(a) | before the definition of “drug” insert— |
| |
““controlled drug” has the meaning given by section 2 of |
| |
the Misuse of Drugs Act 1971,”; |
| |
| |
““specified”, in relation to a controlled drug, has the |
| 40 |
meaning given by section 5A(8)”. |
| |
(3) | In section 195 of the 1988 Act (provisions as to regulations), in subsection (3), |
| |
and in subsections (4) and (4A) (regulations subject to affirmative resolution |
| |
procedure), before “8(3)” insert “5A,”. |
| |
(4) | In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
| 45 |
punishment of offences under the Traffic Acts), after the entry beginning “RTA |
| |
|
| |
|
| |
|
| |
|
(5) | In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and |
| |
(2)”, in relation to an offence committed before the commencement of section |
| |
281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction |
| |
in England and Wales) is to be read as a reference to 6 months. |
| 25 |
(6) | In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and |
| |
(2)”, in relation to an offence committed before the commencement of section |
| |
280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction |
| |
in England and Wales) is to be read as a reference to 3 months. |
| |
(7) | Schedule 18 (drugs and driving: minor and consequential amendments) has |
| 30 |
| |
| |
| |
(1) | The Public Order Act 1986 is amended as follows. |
| |
(2) | In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the |
| 35 |
two places where it occurs substitute “or abusive”. |
| |
(3) | In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in |
| |
the two places where it occurs substitute “or abusive”. |
| |
|
| |
|
| |
|
| |
39 | Orders and regulations |
| |
(1) | Orders and regulations made by the Secretary of State or Lord Chancellor |
| |
under this Act are to be made by statutory instrument. |
| |
(2) | An order made by the Secretary of State under section 2 is subject to super- |
| 5 |
| |
(3) | Schedule 19 (super-affirmative procedure) has effect. |
| |
(4) | The Secretary of State or Lord Chancellor may not make a statutory instrument |
| |
containing any of the following (whether or not also containing other |
| |
provisions) unless a draft of the instrument has been laid before, and approved |
| 10 |
by a resolution of, each House of Parliament— |
| |
(a) | an order under paragraph 33 or 34 of Schedule 3; |
| |
(b) | regulations under paragraph 5 of Schedule 5; |
| |
(c) | an order under paragraph 27 or 28 of Schedule 5 which amends or |
| |
repeals any provision of primary legislation; |
| 15 |
(d) | an order under section 12; |
| |
(e) | an order under paragraph (p) of the definition of “permitted purpose” |
| |
| |
(f) | an order under paragraph 84 of Schedule 13; |
| |
(g) | an order under section 28(1); |
| 20 |
(h) | an order under paragraph 3(1)(c) or 31 of Schedule 16; |
| |
(i) | an order under section 40 which amends or repeals any provision of |
| |
| |
(j) | an order under section 42 bringing anything in Part 4 of Schedule 15 |
| |
into force or bringing section 31 into force so far as relating to anything |
| 25 |
in that Part of that Schedule, other than an order which makes the |
| |
provision permitted by section 42(5) or (6). |
| |
(5) | A statutory instrument made by the Secretary of State or Lord Chancellor |
| |
containing any of the following is subject to annulment in pursuance of a |
| |
resolution of either House of Parliament— |
| 30 |
(a) | regulations under paragraph 1 of Schedule 4; |
| |
(b) | an order under paragraph 27 or 28 of Schedule 5 which does not amend |
| |
or repeal any provision of primary legislation; |
| |
(c) | regulations under paragraph 5 of Schedule 6; |
| |
(d) | regulations under section 13; |
| 35 |
(e) | an order under section 40 which does not amend or repeal any |
| |
provision of primary legislation. |
| |
(6) | Subsection (5) does not apply to a statutory instrument that is subject to a |
| |
requirement that a draft of the instrument be laid before, and approved by a |
| |
resolution of, each House of Parliament. |
| 40 |
(7) | Any provision that may be made by the Secretary of State by order under this |
| |
Act may be made by the Secretary of State by regulations (and where, in |
| |
reliance on this subsection, provision is made by regulations instead of by |
| |
order, this Act applies in relation to the regulations as it would otherwise apply |
| |
in relation to the order). |
| 45 |
|
| |
|
| |
|
(8) | Any provision that may be made by the Secretary of State by regulations under |
| |
this Act may be made by the Secretary of State by order (and where, in reliance |
| |
on this subsection, provision is made by order instead of by regulations, this |
| |
Act applies in relation to the order as it would otherwise apply in relation to |
| |
| 5 |
(9) | An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule |
| |
5 is subject to the negative procedure unless it amends or repeals any provision |
| |
of primary legislation, in which case it is subject to the affirmative procedure. |
| |
(10) | An order made by the Department of Justice in Northern Ireland under |
| |
paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the |
| 10 |
purposes of the Statutory Rules (Northern Ireland) Order 1979. |
| |
(11) | A statutory rule containing such an order is subject to negative resolution |
| |
(within the meaning of section 41(6) of the Interpretation Act (Northern |
| |
Ireland) 1954) unless it amends or repeals any provision of primary legislation, |
| |
in which case it may not be made unless a draft has been laid before, and |
| 15 |
approved by a resolution of, the Northern Ireland Assembly. |
| |
(12) | An order or regulations made under this Act by the Secretary of State, the Lord |
| |
Chancellor, the Scottish Ministers or the Department of Justice in Northern |
| |
| |
(a) | make different provision for different purposes or areas, |
| 20 |
(b) | include supplementary, incidental or consequential provision, or |
| |
(c) | make transitional, transitory or saving provision. |
| |
| |
“primary legislation” means— |
| |
(a) | an Act of Parliament, |
| 25 |
(b) | an Act of the Scottish Parliament, |
| |
(c) | a Measure or Act of the National Assembly for Wales, or |
| |
(d) | Northern Ireland legislation; |
| |
“super-affirmative procedure” means the procedure provided for by |
| |
| 30 |
40 | Consequential amendments |
| |
(1) | The Secretary of State or Lord Chancellor may by order make such provision |
| |
as the Secretary of State or Lord Chancellor (as the case may be) considers |
| |
appropriate in consequence of this Act. |
| |
(2) | The power to make an order under this section may, in particular, be exercised |
| 35 |
by amending, repealing, revoking or otherwise modifying any provision made |
| |
by or under an enactment. |
| |
(3) | In this section “enactment” means an enactment whenever passed or made, |
| |
and includes an Act of the Scottish Parliament, a Measure or Act of the |
| |
National Assembly for Wales and Northern Ireland legislation. |
| 40 |
41 | Transitional, transitory or saving provision |
| |
The Secretary of State or Lord Chancellor may by order make such transitional, |
| |
transitory or saving provision as the Secretary of State or Lord Chancellor (as |
| |
the case may be) considers appropriate— |
| |
|
| |
|
| |
|
(a) | in connection with the coming into force of any provision of this Act, or |
| |
(b) | where Part 4 of Schedule 15 and section 31 so far as relating to that Part |
| |
of that Schedule are brought into force in relation to a specified area for |
| |
a specified period, in connection with those provisions ceasing to be in |
| |
force at the end of that period or at the end of that period as continued |
| 5 |
| |
42 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Crime and Courts Act 2013. |
| |
(2) | Subject as follows, this Act comes into force on such day as the Secretary of |
| |
State may by order appoint; and different days may be appointed for different |
| 10 |
purposes and, in the case of Part 4 of Schedule 15 and section 31 so far as |
| |
relating to that Part of that Schedule, for different areas. |
| |
(3) | Sections 16 and 18 to 28 (except section 23(2)) and Schedules 9 to 11, 13 and 14 |
| |
come into force on such day as the Lord Chancellor may by order appoint; and |
| |
different days may be appointed for different purposes. |
| 15 |
(4) | Sections 23(2) and 29 come into force at the end of the period of two months |
| |
beginning with the day on which this Act is passed. |
| |
(5) | An order which brings the monitoring provisions into force only in relation to |
| |
a specified area may provide that they are to be in force in relation to that area |
| |
for a specified period; and in this subsection and subsection (6) “the monitoring |
| 20 |
provisions” means Part 4 of Schedule 15, and section 31 so far as relating to that |
| |
| |
(6) | An order containing the provision permitted by subsection (5) may be |
| |
amended by a subsequent order under subsection (2) so as to continue the |
| |
monitoring provisions in force in relation to the area concerned for a further |
| 25 |
| |
(7) | Sections 39 to 41 and this section come into force on the day on which this Act |
| |
| |
(8) | Subject as follows, this Act extends to England and Wales, Scotland and |
| |
| 30 |
(9) | The following extend to England and Wales only— |
| |
| |
| |
| |
(d) | paragraph 31 of Schedule 15 and section 31 so far as relating to that |
| 35 |
paragraph, but only so far as relating to disclosure or use of information |
| |
by a person appointed under section 2(1) of the Courts Act 2003 or |
| |
provided under a contract made by virtue of section 2(4) of that Act; |
| |
(e) | the amendments and repeals made by this Act in sections 4(5A) to (6A) |
| |
and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act |
| 40 |
1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal |
| |
Enforcement) Act 1972 and in section 14 of the Contempt of Court Act |
| |
| |
(f) | paragraphs 1 to 31 and 39 of Schedule 16, and section 32 so far as |
| |
relating to those paragraphs. |
| 45 |
|
| |
|
| |
|
(10) | The amendments made by this Act in the Industrial and Provident Societies |
| |
Act 1965 extend to England and Wales, and Scotland, only. |
| |
(11) | Except as provided by subsections (9) and (10), an amendment, repeal or |
| |
revocation has the same extent as the provision amended, repealed or revoked |
| |
(ignoring extent by virtue of an Order in Council). |
| 5 |
(12) | Subsection (11) applies to section 30 only so far as the provisions amended |
| |
extend to England and Wales or apply in relation to service offences. |
| |
(13) | Subsection (11) does not apply to amendments made by section 24(13) and (14) |
| |
or to the amendments made by this Act in the Government Annuities Act 1929 |
| |
or the Friendly Societies Act 1974 (which amendments, accordingly, extend to |
| 10 |
England and Wales, Scotland and Northern Ireland only). |
| |
(14) | Her Majesty may by Order in Council provide for any provision of section 33, |
| |
34 or 35 to extend, with or without modifications, to— |
| |
(a) | any of the Channel Islands, or |
| |
| 15 |
(15) | Her Majesty may by Order in Council provide for provisions of Part 9 of |
| |
Schedule 15 (amendments of Armed Forces Act 2006) to extend, with or |
| |
without modifications, to— |
| |
(a) | any of the Channel Islands, |
| |
| 20 |
(c) | any of the British overseas territories. |
| |
(16) | The power conferred by section 338 of the Criminal Justice Act 2003 (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. |
| |
(17) | Nothing in this Act shall impose any charge on the people or on public |
| 25 |
funds, or vary the amount or incidence of or otherwise alter any such charge |
| |
in any manner, or affect the assessment, levying, administration or |
| |
application of any money raised by any such charge. |
| |
|
| |
|