|
| |
|
|
|
(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. |
| |
(6) | In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and |
| 15 |
(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 15 (drugs and driving: minor and consequential amendments) has |
| |
| 20 |
| |
28 | Orders and regulations |
| |
(1) | Orders and regulations made by the Secretary of State 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- |
| 25 |
| |
(3) | Schedule 16 (super-affirmative procedure) has effect. |
| |
(4) | The Secretary of State 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 by a resolution of, each |
| 30 |
| |
(a) | an order under paragraph 30 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; |
| 35 |
(d) | an order under section 13; |
| |
(e) | an order under paragraph (p) of the definition of “permitted purpose” |
| |
| |
(f) | regulations under section 23; |
| |
(g) | an order under section 29 which amends or repeals any provision of |
| 40 |
| |
(5) | A statutory instrument made by the Secretary of State containing any of the |
| |
following is subject to annulment in pursuance of a resolution of either House |
| |
| |
|
| |
|
| |
|
(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 14; |
| 5 |
(e) | an order under section 29 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. |
| 10 |
(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). |
| 15 |
(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 |
| |
| 20 |
(9) | An order made by the Lord Chancellor under this Act is to be made by |
| |
| |
(10) | A statutory instrument containing an order made by the Lord Chancellor |
| |
under section 22(1) is subject to annulment in pursuance of a resolution of |
| |
either House of Parliament. |
| 25 |
(11) | 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. |
| |
(12) | 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 |
| 30 |
purposes of the Statutory Rules (Northern Ireland) Order 1979. |
| |
(13) | 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 |
| 35 |
approved by a resolution of, the Northern Ireland Assembly. |
| |
(14) | 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, |
| 40 |
(b) | include supplementary, incidental or consequential provision, or |
| |
(c) | make transitional, transitory or saving provision. |
| |
| |
“primary legislation” means— |
| |
(a) | an Act of Parliament, |
| 45 |
(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 |
| |
| |
29 | Consequential amendments |
| |
(1) | The Secretary of State or Lord Chancellor may by order make such provision |
| 5 |
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 |
| |
by amending, repealing, revoking or otherwise modifying any provision made |
| |
by or under an enactment. |
| 10 |
(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. |
| |
30 | Transitional, transitory or saving provision |
| |
The Secretary of State or Lord Chancellor may by order make such transitional, |
| 15 |
transitory or saving provision as the Secretary of State or Lord Chancellor (as |
| |
the case may be) considers appropriate in connection with the coming into |
| |
force of any provision of this Act. |
| |
31 | Short title, commencement and extent |
| |
(1) | This Act may be cited as the Crime and Courts Act 2012. |
| 20 |
(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 |
| |
| |
(3) | Sections 17 to 22 (except section 20(2)) and Schedules 9 to 13 come into force on |
| |
such day as the Lord Chancellor may by order appoint; and different days may |
| 25 |
be appointed for different purposes. |
| |
(4) | Section 20(2) comes into force at the end of the period of two months beginning |
| |
with the day on which this Act is passed. |
| |
(5) | Sections 28 to 30 and this section come into force on the day on which this Act |
| |
| 30 |
(6) | Subject as follows, this Act extends to England and Wales, Scotland and |
| |
| |
(7) | Sections 22 and 23, and 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 1920 and in section 14 of the Contempt of Court Act 1981, |
| 35 |
extend to England and Wales only. |
| |
(8) | Except as provided by subsection (7), 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). |
| |
(9) | Her Majesty may by Order in Council provide for any provision of section 24 |
| 40 |
or 25 to extend, with or without modifications, to— |
| |
(a) | any of the Channel Islands, or |
| |
|
| |