|
| |
|
(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— |
| 10 |
(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. |
| 15 |
(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 |
| 20 |
specified modifications, and |
| |
(b) | amend, repeal or revoke any provision of— |
| |
(i) | any Act (including this Act and any Act passed in the same |
| |
| |
(ii) | subordinate legislation made before the passing of this Act; |
| 25 |
(iii) | Northern Ireland legislation passed, or made, before the |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
(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 |
| |
| 40 |
| |
There is to be paid out of money provided by Parliament— |
| |
|
| |
|
| |
|
(a) | any expenditure incurred by virtue of this Act by a Minister of the |
| |
| |
(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 |
| |
(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 |
| 10 |
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— |
| 15 |
(a) | the system of service law established by the Armed Forces Act 2006 |
| |
| |
(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)). |
| |
| 20 |
(1) | Subject as follows and to any other provision of this Act, this Act extends to |
| |
| |
(2) | The following provisions of this Act extend to England and Wales, Scotland |
| |
| |
| 25 |
(b) | section 112 (together with such of the other provisions of Part 7 as relate |
| |
to the commission of offences under that section); |
| |
| |
(d) | this Part (subject to subsection (5)). |
| |
(3) | The following provisions of this Act extend to England and Wales and |
| 30 |
| |
(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; |
| |
| 35 |
(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— |
| |
| 40 |
| |
(c) | section 121 and Schedule 21. |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
(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. |
| 15 |
(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, |
| |
| |
(c) | paragraph 37 of Schedule 25. |
| 20 |
(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). |
| |
| |
(1) | The following provisions of this Act come into force on the day on which this |
| 25 |
| |
(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 |
| |
| 30 |
(ii) | Part 4 of Schedule 37 to that Act; |
| |
| |
| |
| |
(e) | section 145(3) to (7); |
| 35 |
| |
| |
| |
(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; |
| 45 |
(c) | section 69 and paragraph 25 of Schedule 26; |
| |
|
| |
|
| |
|
(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 |
| |
| |
| 10 |
| |
| |
(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 |
| 15 |
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 |
| |
(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 |
| |
| 25 |
| |
This Act may be cited as the Criminal Justice and Immigration Act 2008. |
| |
| |
|
| |
|