Criminal Justice and Immigration Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Criminal Justice and Immigration Bill

Criminal Justice and Immigration Bill
Part 12 — General
107

(h)
rules under paragraph 2(4)(a) of Schedule 6, or
(i)
an order under paragraph 6 of Schedule 7,

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)
An order under section 150(5) is to be made by statutory rule for the purposes
5
of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
145
Consequential etc. amendments and transitional and saving provision
(1)
Schedule 26 contains minor and consequential amendments.
(2)
Schedule 27 contains transitory, transitional and saving provisions.
(3)
The Secretary of State may by order make—
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(a)
such supplementary, incidental or consequential provision, or
(b)
such transitory, transitional or saving provision,

as the Secretary of State considers appropriate for the general purposes, or any
particular purposes, of this Act, or in consequence of, or for giving full effect
to, any provision made by this Act.
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(4)
An order under subsection (3) may, in particular—
(a)
provide for any amendment or other provision made by this Act which
comes into force before any other provision (whether made by this or
any other Act or by any subordinate legislation) has come into force to
have effect, until that other provision has come into force, with
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specified modifications, and
(b)
amend, repeal or revoke any provision of—
(i)
any Act (including this Act and any Act passed in the same
Session as this Act);
(ii)
subordinate legislation made before the passing of this Act;
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(iii)
Northern Ireland legislation passed, or made, before the
passing of this Act; and
(iv)
any instrument made, before the passing of this Act, under
Northern Ireland legislation.
(5)
Nothing in this section limits the power under section 150(7) to include
30
provision for transitory, transitional or saving purposes in an order under that
section.
(6)
The amendments that may be made by virtue of subsection (4)(b) are in
addition to those made by or which may be made under any other provision of
this Act.
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(7)
In this section “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).
146
Repeals and revocations
Schedule 28 contains repeals and revocations, including repeals of spent
enactments.
40
147
Financial provisions
There is to be paid out of money provided by Parliament—

Criminal Justice and Immigration Bill
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(a)
any expenditure incurred by virtue of this Act by a Minister of the
Crown; and
(b)
any increase attributable to this Act in the sums payable under any
other Act out of money so provided.
148
Effect of amendments to criminal justice provisions applied for purposes of
5
service law
(1)
In this section “relevant criminal justice provisions” means provisions of, or
made under, an Act which—
(a)
relate to criminal justice; and
(b)
have been applied (with or without modifications) for any purposes of
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service law by any provision of, or made under, any Act.
(2)
Unless the contrary intention appears, any amendment by this Act of relevant
criminal justice provisions also amends those provisions as so applied.
(3)
Subsection (2) does not apply to any amendments made by Part 1.
(4)
In this section “service law” means—
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(a)
the system of service law established by the Armed Forces Act 2006
(c. 52); or
(b)
any of the systems of service law superseded by that Act (namely,
military law, air force law and the Naval Discipline Act 1957 (c. 53)).
149
Extent
20
(1)
Subject as follows and to any other provision of this Act, this Act extends to
England and Wales only.
(2)
The following provisions of this Act extend to England and Wales, Scotland
and Northern Ireland—
(a)
section 94;
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(b)
section 112 (together with such of the other provisions of Part 7 as relate
to the commission of offences under that section);
(c)
Part 10;
(d)
this Part (subject to subsection (5)).
(3)
The following provisions of this Act extend to England and Wales and
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Northern Ireland—
(a)
section 3 and Schedule 3;
(b)
section 39(3) and (6)(d) and paragraph 7 of Schedule 7;
(c)
sections 63 to 67 and Schedule 14;
(d)
section 75;
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(e)
section 83(6) and (7) (so far as relating to any provision of Part 3 of the
Magistrates’ Courts Act 1980 which extends to Northern Ireland);
(f)
sections 84 and 88 to 90 and Schedules 18 and 19.
(4)
The following provisions of this Act extend to Northern Ireland only—
(a)
sections 80 and 81;
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(b)
sections 85 to 87;
(c)
section 121 and Schedule 21.

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(5)
Except as otherwise provided by this Act, an amendment, repeal or revocation
of any enactment by any provision of this Act extends to the part or parts of the
United Kingdom to which the enactment extends.
(6)
The following amendments and repeals also extend to the Channel Islands and
the Isle of Man—
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(a)
the amendments of sections 26 and 70(1) of the Children and Young
Persons Act 1969 (c. 54) (transfers between England or Wales and the
Channel Islands or Isle of Man) made by Schedule 4, and
(b)
the repeals in Part 1 of Schedule 28 relating to those amendments.
(7)
In section 7(2) of the Nuclear Material (Offences) Act 1983 (c. 18) (application
10
to Channel Islands, Isle of Man, etc.) the reference to that Act includes a
reference to that Act as amended by Schedule 17.
(8)
In section 9(4) of the Repatriation of Prisoners Act 1984 (c. 47) (power to extend
provisions of that Act to the Channel Islands etc.) the reference to that Act
includes a reference to that Act as amended by any provision of this Act.
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(9)
In section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands,
Isle of Man, etc.) any reference to that Act includes a reference to—
(a)
that Act as amended by any provision of this Act,
(b)
section 148, and
(c)
paragraph 37 of Schedule 25.
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(10)
Nothing in this section restricts the operation of section 75 and paragraph 26 of
Schedule 27 in their application in relation to service offences (within the
meaning of that paragraph).
150
Commencement
(1)
The following provisions of this Act come into force on the day on which this
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Act is passed—
(a)
section 53, Schedule 13, paragraph 73 of Schedule 26 and the repeals in
Part 4 of Schedule 28 relating to—
(i)
paragraphs 13 and 22 of Schedule 3 to the Criminal Justice Act
2003 (c. 44), and
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(ii)
Part 4 of Schedule 37 to that Act;
(b)
section 127;
(c)
sections 137 and 138;
(d)
section 144;
(e)
section 145(3) to (7);
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(f)
sections 147 and 149;
(g)
this section;
(h)
section 151;
(i)
paragraphs 6(3) and 12 to 15 of Schedule 16 and the repeals in Part 5 of
Schedule 28 relating to Part 3A of the Public Order Act 1986 (c. 64);
40
(j)
paragraphs 32 to 36 of Schedule 26.
(2)
The following provisions of this Act come into force at the end of the period of
2 months beginning with the day on which it is passed—
(a)
section 62 and the related repeal in Part 4 of Schedule 28;
(b)
section 68 and paragraph 24 of Schedule 26;
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(c)
section 69 and paragraph 25 of Schedule 26;

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(d)
section 77 and the related repeals in Part 5 of Schedule 28;
(e)
paragraphs 2 to 7 of Schedule 15;
(f)
paragraph 23 of Schedule 27.
(3)
Where any particular provision or provisions of a Schedule come into force in
accordance with subsection (1) or (2), the section introducing the Schedule also
5
comes into force in accordance with that subsection so far as relating to the
particular provision or provisions.
(4)
The following provisions come into force on such day as the Lord Chancellor
may by order appoint—
(a)
section 19;
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(b)
section 41;
(c)
sections 56 to 58;
(d)
sections 78 to 90 and Schedules 18 and 19;
(e)
paragraph 28 of Schedule 27.
(5)
Section 121 and Schedule 21 come into force on such day as the Department of
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Health, Social Services and Public Safety may by order appoint.
(6)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
(7)
An order under any of subsections (4) to (6) may—
(a)
appoint different days for different purposes and in relation to different
20
areas;
(b)
make such provision as the person making the order considers
necessary or expedient for transitory, transitional or saving purposes in
connection with the coming into force of any provision falling within
that subsection.
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151
Short title
This Act may be cited as the Criminal Justice and Immigration Act 2008.