Crime and Courts Bill [HL]

Session 2012 - 13
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Other Bills before Parliament

Crime and Courts Bill [HL]

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
29

RTA
Being in
Summ-
On conviction in
Discret-
Oblig-
10”.

section
charge of a
arily.
England and Wales:
ionary.
atory.

5A(1)(b)
motor vehicle

51 weeks or level

and (2)
with concen-

4 on the standard

tration of

scale or both.

5

specified

On conviction in

controlled

Scotland:

drug above

3 months or level

specified

4 on the standard

limit.

scale or both.

10

(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
effect.
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General
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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
affirmative procedure.
(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
House of Parliament—
(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;
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(d)
an order under section 13;
(e)
an order under paragraph (p) of the definition of “permitted purpose”
in section 16(1);
(f)
regulations under section 23;
(g)
an order under section 29 which amends or repeals any provision of
40
primary legislation.
(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
of Parliament—

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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 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
the regulations).
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(9)
An order made by the Lord Chancellor under this Act is to be made by
statutory instrument.
(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.
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(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
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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
Ireland may—
(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.
(15)
In this section—
“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

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
31

(d)
Northern Ireland legislation;
“super-affirmative procedure” means the procedure provided for by
Schedule 16.
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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.
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Short title, commencement and extent
(1)
This Act may be cited as the Crime and Courts Act 2012.
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(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
purposes.
(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
is passed.
30
(6)
Subject as follows, this Act extends to England and Wales, Scotland and
Northern Ireland.
(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

Crime and Courts Bill [HL]
Part 3 — Miscellaneous and general
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(b)
the Isle of Man.