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171 | Consequential etc. amendments and transitional and saving provision |
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(1) | Schedule 32 contains minor and consequential amendments. |
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(2) | Schedule 33 contains transitory, transitional and saving provisions. |
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(3) | The Secretary of State may by order make— |
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(a) | such supplementary, incidental or consequential provision, or |
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(b) | such transitory, transitional or saving provision, |
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| as the Secretary of State considers appropriate for the general purposes, or any |
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particular purposes, of this Act, or in consequence of, or for giving full effect |
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to, any provision made by this Act. |
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(4) | An order under subsection (3) may, in particular— |
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(a) | provide for any provision of this Act which comes into force before |
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another provision has come into force to have effect, until that other |
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provision has come into force, with specified modifications, and |
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(b) | amend, repeal or revoke any provision of— |
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(i) | any Act (including this Act and any Act passed in the same |
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(ii) | subordinate legislation made before the passing of this Act; |
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(iii) | Northern Ireland legislation; and |
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(iv) | any instrument made, before the passing of this Act, under |
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Northern Ireland legislation. |
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(5) | Nothing in this section limits the power under section 175(7) to include |
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provision for transitory, transitional or saving purposes in an order under that |
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(6) | The amendments that may be made by virtue of subsection (4)(b) are in |
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addition to those made by or which may be made under any other provision of |
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(7) | In this section “subordinate legislation” has the same meaning as in the |
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Interpretation Act 1978 (c. 30). |
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172 | Repeals and revocations |
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Schedule 34 contains repeals and revocations, including repeals of spent |
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There is to be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by virtue of this Act by a Minister of the |
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(b) | any increase attributable to this Act in the sums payable under any |
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other Act out of money so provided. |
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(1) | Subject as follows and to any other provision of this Act, this Act extends to |
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(2) | Subsection (1) does not apply to Part 4, the following provisions of which |
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extend to England and Wales only— |
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(a) | paragraphs 1 to 5, 8 and 9 of Schedule 8 and sections 35 to 39, so far as |
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relating to complaints about matters falling within any of paragraphs 1 |
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(b) | paragraphs 1 to 3 of Schedule 9 and sections 40 and 41, so far as relating |
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to deaths falling within any of those paragraphs; |
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(c) | section 42(3)(a) to (f); |
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(d) | sections 42 (apart from subsection (3)(a) to (h)) and 43, so far as relating |
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to requests by the Secretary of State which specify matters which— |
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(i) | relate to events which have (or may have) occurred as |
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mentioned in any of paragraphs (a) to (f) of section 42(3); or |
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(ii) | the Secretary of State considers are (or may be) linked to such |
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(e) | sections 44 to 46, so far as relating to investigations of complaints, |
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deaths or requests mentioned in paragraph (a), (b) or (d) above; |
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(f) | sections 48 and 52, so far as relating to complaints mentioned in |
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paragraph (a) above or investigations of deaths or requests mentioned |
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in paragraph (b) or (d) above. |
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(3) | The following provisions of this Act extend to England and Wales, Scotland |
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(a) | sections 34, 42(3)(g) and (h), 47, 49 to 51, 53 (subject to subsection (6)), |
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(b) | paragraphs 6 and 7 of Schedule 8 and sections 35 to 39, so far as relating |
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to complaints about matters falling within either of those paragraphs; |
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(c) | paragraphs 4 to 6 of Schedule 9 and sections 40 and 41, so far as relating |
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to deaths falling within any of those paragraphs; |
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(d) | sections 42 (apart from subsection (3)(a) to (h)) and 43, so far as relating |
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to requests by the Secretary of State which specify matters which— |
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(i) | relate to events which have (or may have) occurred as |
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mentioned in paragraph (g) or (h) of section 42(3); or |
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(ii) | the Secretary of State considers are (or may be) linked to such |
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(e) | sections 44 to 46, so far as relating to investigations of complaints, |
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deaths or requests mentioned in paragraph (b), (c) or (d) above; |
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(f) | sections 48 and 52, so far as relating to complaints mentioned in |
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paragraph (b) above or investigations of deaths or requests mentioned |
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in paragraph (c) or (d) above. |
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(h) | this Part (subject to subsection (6)). |
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(4) | The following provisions of this Act extend to England and Wales and |
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(a) | section 3 and Schedule 3; |
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(b) | section 23(3) and (6)(d) and paragraph 7 of Schedule 5; |
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(d) | sections 94 to 98 and Schedule 19; |
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(e) | section 115(6) and (7) (so far as relating to any provision of Part 3 of the |
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Magistrates’ Courts Act 1980 which extends to Northern Ireland); |
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(5) | The following provisions of this Act extend to Northern Ireland only— |
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(a) | Part 5 (except section 72); |
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(d) | section 149 and Schedule 27; |
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(e) | paragraph 22(2) and (4) of Schedule 33. |
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(6) | Except as otherwise provided by this Act, an amendment, repeal or revocation |
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of any enactment by any provision of this Act extends to the part or parts of the |
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United Kingdom to which the enactment extends. |
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(7) | The following amendments and repeals also extend to the Channel Islands and |
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(a) | the amendments of sections 26 and 70(1) of the Children and Young |
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Persons Act 1969 (c. 54) (transfers between England or Wales and the |
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Channel Islands or Isle of Man) made by Schedule 4, and |
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(b) | the repeals in Part 1 of Schedule 34 relating to those amendments. |
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(8) | In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application |
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to Channel Islands, Isle of Man, etc.) the reference to that Act includes a |
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reference to that Act as amended by Schedule 23. |
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(9) | In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands, |
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Isle of Man, etc.) any reference to that Act includes a reference to— |
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(a) | that Act as amended by any provision of this Act, and |
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(b) | paragraph 13 of Schedule 31. |
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(1) | The following provisions of this Act come into force on the day on which this |
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(a) | section 84, Schedule 18, paragraph 35 of Schedule 32 and the repeals in |
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Part 4 of Schedule 34 relating to— |
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(i) | paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act |
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(ii) | Part 4 of Schedule 37 to that Act; |
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(d) | section 171(3) to (7); |
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(h) | paragraphs 6(3) and 12 to 15 of Schedule 22 and the repeals in Part 5 of |
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Schedule 34 relating to Part 3A of the Public Order Act 1986 (c. 64); |
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(i) | paragraphs 14 to 18 of Schedule 32. |
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(2) | The following provisions of this Act come into force at the end of the period of |
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2 months beginning with the day on which it is passed— |
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(a) | section 93 and the related repeal in Part 4 of Schedule 34; |
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(b) | section 99 and paragraph 8 of Schedule 32; |
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(c) | section 100 and paragraph 9 of Schedule 32; |
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(d) | paragraphs 2 to 7 of Schedule 20. |
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(3) | Where any particular provision or provisions of a Schedule come into force in |
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accordance with subsection (1) or (2), the section introducing the Schedule also |
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comes into force in accordance with that subsection so far as relating to the |
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particular provision or provisions. |
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(4) | The following provisions come into force on such day as the Lord Chancellor |
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(5) | Section 149 and Schedule 27 come into force on such day as the Department of |
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Health, Social Services and Public Safety may by order appoint. |
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(6) | The other provisions of this Act come into force on such day as the Secretary of |
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State may by order appoint. |
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(7) | An order under any of subsections (4) to (6) may— |
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(a) | appoint different days for different purposes and in relation to different |
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(b) | make such provision as the person making the order considers |
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necessary or expedient for transitory, transitional or saving purposes in |
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connection with the coming into force of any provision falling within |
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This Act may be cited as the Criminal Justice and Immigration Act 2008. |
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