Part 13 continued    

(6)The local authority must carry out the necessary consultation, as
defined in section 72, following the making of an order under this
section.

(7)A fast-track public spaces protection order may not have effect for a
5period of more than 6 months unless extended under this section.

(8)Before the time when a fast-track public spaces protection order is due
to expire, the local authority that made the order may extend the period
for which it has effect if satisfied on reasonable grounds that doing so
is necessary to prevent—

(a)10occurrence or recurrence after that time of the activities
identified in the order, or

(b)an increase in the frequency or seriousness of those activities
after that time.

(9)A fast-track public spaces protection order under this section may not
15be extended for a period of more than 6 months.”

Part 14 Final provisions

204 Financial provision

There is to be paid out of money provided by Parliament—

(a)20any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, government department or other public authority, and

(b)any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

205 Minor amendments arising out of sentencing consolidation

25Schedule 20 makes minor amendments to the Sentencing Act 2020 and other
enactments in connection with the consolidation that led to that Act.

206 Power to make consequential provision

(1)The Secretary of State may by regulations made by statutory instrument make
provision that is consequential on this Act.

(2)30Regulations under subsection (1) may, in particular, amend, repeal or revoke
any enactment passed or made before, or in the same Session as, this Act.

(3)In subsection (2) “enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978,

(b)35an enactment contained in, or in an instrument made under, an Act or
Measure of Senedd Cymru,

(c)an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament, and

(d)an enactment contained in, or in an instrument made under, Northern
40Ireland legislation.

(4)Regulations under subsection (1)—

(a)may make different provision for different purposes;

(b)may make transitional, transitory or saving provision.

(5)A statutory instrument containing (whether alone or with any other provision)
regulations under subsection (1) which amend, repeal or revoke primary
5legislation may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.

(6)Any other statutory instrument containing regulations under subsection (1) is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(7)10In this section “primary legislation” means—

(a)an Act of Parliament,

(b)an Act or Measure of Senedd Cymru,

(c)an Act of the Scottish Parliament, or

(d)Northern Ireland legislation.

207 15Power to state effect in Sentencing Act 2020 of commencement of
amendments made by this Act

The power in section 419(1) of the Sentencing Act 2020 (power to state effect of
commencement provisions) applies in relation to any amendment or repeal
made by or under this Act of that Act as it applies in relation to an amendment
20or repeal made by Schedule 22 to that Act.

208 Extent

(1)This Act extends to England and Wales only, subject to the following
provisions of this section.

(2)The following provisions extend to England and Wales, Scotland and Northern
25Ireland—

(a)section 1;

(b)sections 37 to 44 (and Schedule 3);

(c)section 56(2);

(d)section 200;

(e)30this Part, other than section 205 (and Schedule 20).

(3)Sections 88(3) to (7), 139 and 141 extend to England and Wales and Scotland.

(4)Section 159 extends to England and Wales and Northern Ireland.

(5)A provision of this Act which amends, repeals or revokes an enactment has the
same extent within the United Kingdom as the enactment amended, repealed
35or revoked, subject to subsections (6) to (9).

(6)The following provisions extend to England and Wales only—

(a)section 82;

(b)section 84;

(c)section 89;

(d)40section 163;

(e)sections 166 and 167;

(f)section 191;

(g)in Schedule 10, the amendments to the Rehabilitation of Offenders Act
1974 and the Police Act 1997.

(7)Sections 196 and 197 extend to England and Wales, Scotland and Northern
Ireland.

(8)5In Schedule 17—

(a)paragraphs 4 and 6 extend to England and Wales, Scotland and
Northern Ireland, and

(b)paragraph 5 extends to England and Wales and Scotland only.

(9)Section 168 extends to Scotland only.

(10)10Nothing in the preceding provisions of this section limits the extent within the
United Kingdom of any provision made, or inserted, by or under this Act so far
as it is applied (by whatever words) by or under the Armed Forces Act 2006.

(11)Subsections (1) and (2) of section 384 of the Armed Forces Act 2006 (extent
outside the United Kingdom) apply to the armed forces provisions as those
15subsections apply to the provisions of that Act.

(12)The following are “armed forces provisions”—

(a)a provision made, or inserted, by or under this Act so far as it is applied
(by whatever words) by or under the Armed Forces Act 2006;

(b)an amendment, modification or repeal made by or under this Act of—

(i)20a provision of or made under the Armed Forces Act 2006,

(ii)a provision that amends, modifies or repeals a provision of, or
made under, that Act, or

(iii)any other provision, so far as the provision is applied (by
whatever words) by or under that Act.

209 25Commencement

(1)Except as provided by subsections (4) and (5), this Act comes into force on such
day as the Secretary of State may by regulations made by statutory instrument
appoint.

(2)Regulations under subsection (1) may appoint different days for different
30purposes or areas.

(3)Subsection (1) is subject to sections 34, 81, 159 and 164.

(4)The following provisions of this Act come into force on the day on which this
Act is passed—

(a)section 4 for the purposes of making regulations;

(b)35sections 8 to 12 (and Schedules 1 and 2) for the purposes of making
regulations;

(c)section 13;

(d)section 14 for the purposes of making regulations;

(e)section 19 for the purposes of issuing guidance;

(f)40section 20 for the purposes of making regulations;

(g)sections 22 and 23;

(h)sections 24 to 26 for the purposes of making regulations;

(i)section 31;

(j)section 32 for the purposes of issuing guidance;

(k)sections 34 to 36;

(l)section 89 for the purposes of making regulations;

(m)section 131;

(n)sections 138 to 141;

(o)5section 159(1) so far as relating to Part 2 of Schedule 16 (and that Part of
that Schedule) for the purposes of making regulations;

(p)section 159(2) to (9);

(q)sections 161 and 162;

(r)section 163 for the purposes of issuing guidance and making
10regulations;

(s)section 164;

(t)section 165(2) to (4);

(u)section 187;

(v)section 188 for the purposes of making an order;

(w)15section 189;

(x)sections 196 and 197;

(y)section 200;

(z)this Part other than section 205 and Schedule 20.

(5)The following provisions of this Act come into force at the end of the period of
20two months beginning with the day on which this Act is passed—

(a)section 2;

(b)section 3;

(c)sections 47 and 50;

(d)section 51 (and Schedule 5);

(e)25sections 52 and 53;

(f)section 58;

(g)section 59;

(h)sections 82 to 87 (and Schedule 7);

(i)sections 121 and 122;

(j)30section 123 (and Schedule 11);

(k)sections 124 to 127;

(l)sections 129 and 130;

(m)section 134;

(n)sections 142 to 146;

(o)35sections 148 and 149;

(p)section 151 (and Schedule 13);

(q)section 152 (and Schedule 14);

(r)sections 155 to 158 (and Schedule 15);

(s)section 159(1) so far as relating to Parts 1, 4 and 5 of Schedule 16 (and
40those Parts of that Schedule);

(t)section 160;

(u)sections 182 to 186 (and Schedule 18);

(v)sections 194 and 195;

(w)section 198 (and Schedule 19);

(x)45section 199(1);

(y)section 205 (and Schedule 20).

(6)The Secretary of State may by regulations made by statutory instrument make
transitional, transitory or saving provision in connection with the coming into
force of any provision of this Act.

210 Short title

5This Act may be cited as the Police, Crime, Sentencing and Courts Act 2022.

SCHEDULES

Section 11

Schedule 1 Specified authorities and local government areas

Local government

20Criminal justice

Health and social care

Police

Fire and rescue authorities

Section 12

Schedule 2 Educational, prison and youth custody authorities

Educational authorities

Prison authorities

20Youth custody authorities

Section 44

Schedule 3 Extraction of information from electronic devices: authorised persons

Part 1 Authorised persons in relation to all purposes within section 37 or 41

5A constable of a police force in England and Wales.

A member of staff appointed by the chief officer of police of a police force in
England and Wales.

An employee of the Common Council of the City of London who is under
the direction and control of a chief officer of police.

10A constable within the meaning of Part 1 of the Police and Fire Reform
(Scotland) Act 2012 (asp 8) (see section 99 of that Act).

A member of staff appointed by the Scottish Police Authority under section
26(1) of the Police and Fire Reform (Scotland) Act 2012.

A police officer within the meaning of the Police (Northern Ireland) Act 2000
15(see section 77(1) of that Act).

A constable of the British Transport Police Force.

An employee of the British Transport Police Authority appointed under
section 27 of the Railways and Transport Safety Act 2003.

A constable of the Ministry of Defence police.

20A National Crime Agency officer.

A person who has been engaged to provide services consisting of or
including the extraction of information from electronic devices for the
purposes of the exercise of functions by a person listed in this Part of this
Schedule.

25Part 2 Authorised persons in relation to all purposes within section 37

A member of the Royal Navy Police, the Royal Military Police or the Royal
Air Force Police.

A person appointed as an immigration officer under paragraph 1 of
30Schedule 2 to the Immigration Act 1971.

A person who is an enforcement officer by virtue of section 15 of the
Gangmasters (Licensing) Act 2004.

A person who has been engaged to provide services consisting of or
including the extraction of information from electronic devices for the
35purposes of the exercise of functions by a person listed in this Part of this
Schedule.