2017 No. 1017 (C. 93)

Police, England And Wales
Mental Health, England And Wales
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales

The Policing and Crime Act 2017 (Commencement No. 4 and Saving Provisions) Regulations 2017

Made

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 183(1) and (9) of the Policing and Crime Act 20171:

Citation and interpretation1

1

These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 4 and Saving Provisions) Regulations 2017.

2

In these Regulations “the Act” means the Policing and Crime Act 2017.

Provisions coming into force on 13th November 20172

The day appointed for the coming into force of section 162 of the Act (requirement to give information in criminal proceedings) is 13th November 2017.

Provisions coming into force on 11th December 20173

The day appointed for the coming into force of the following provisions of the Act is 11th December 2017—

a

section 80 (extension of powers under sections 135 and 136 of the Mental Health Act 1983), in so far as not already in force2;

b

section 81 (restrictions on places that may be used as places of safety), in so far as not already in force;

c

section 82 (periods of detention in places of safety etc); and

d

section 83 (protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983).

Saving provisions in relation to powers under the Mental Health Act 19834

1

Despite the coming into force of sections 80 to 83 of the Act in accordance with regulation 3, the amendments made by those sections do not apply in relation to a person where—

a

the warrant authorising the removal of that person under section 135 of the Mental Health Act 19833 was issued before 11th December 2017; or

b

the removal of that person to a place of safety under section 136 of the Mental Health Act 19834 started before 11th December 2017.

Sarah NewtonParliamentary Under Secretary of StateHome Office
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Policing and Crime Act 2017 (“the Act”), and make saving provisions in relation to the coming into force of certain of those provisions. They are the fourth commencement regulations under the Act. Other provisions of the Act were brought into force on Royal Assent by section 183(5) of the Act or commenced on 31st March 2017 by virtue of section 183(6) of the Act.

Regulation 2 provides for the commencement of section 162 of the Act, which amends the Courts Act 2003, on 13th November 2017.

Regulation 3 provides for the commencement, so far as they are not already in force, of sections 80 to 83 of the Act, which amend the Mental Health Act 1983, on 11th December 2017.

Regulation 4 makes saving provision to ensure that the amendments to the Mental Health Act 1983 commenced by regulation 3 do not apply in relation to a person if the warrant authorising their removal under section 135 of the Mental Health Act 1983 was issued, or their removal to a place of safety under section 136 of that Act started, before 11th December 2017.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Policing and Crime Act 2017 have been brought into force on the date specified by commencement regulations made before these Regulations.

Provision

Date of Commencement

S.I.No.

Sections 1 to 5

3rd April 2017

2017/399

Section 6 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 7

3rd April 2017

2017/399

Section 8 (in so far as it was not already in force)

17th July 2017

2017/726

Section 11(1) to (7) (in so far as it was not already in force)

17th July 2017

2017/726

Section 12

17th July 2017

2017/726

Section 32 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 33 (partially)

3rd April 2017

2017/399

Section 33(9) (partially)

17th July 2017

2017/726

Sections 36 and 37

2nd May 2017

2017/399

Section 45 (partially)

3rd April 2017

2017/399

Section 49

3rd April 2017

2017/399

Section 50

3rd April 2017

2017/399

Section 51 (partially)

3rd April 2017

2017/399

Sections 52 to 62

3rd April 2017

2017/399

Section 63 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 64 to 75

3rd April 2017

2017/399

Sections 77 to 79

3rd April 2017

2017/399

Sections 120 to 122

3rd April 2017

2017/399

Section 124 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 125 (in so far as it was not already in force)

2nd May 2017

2017/399

Sections 127 to 130

2nd May 2017

2017/399

Section 133 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 134 (in so far as it was not already in force)

3rd April 2017

2017/399

Sections 135 to 140

6th April 2017

2017/399

Sections 143 to 156 (in so far as they were not already in force)

1st April 2017

2017/482

Section 163

3rd April 2017

2017/399

Section 175

3rd April 2017

2017/399

Section 177 (in so far as it was not already in force)

3rd April 2017

2017/399

Section 178

3rd April

2017/399

Schedule 1 (in so far as it was not already in force)

3rd April 2017

2017/399

Schedule 3 (in so far as it was not already in force)

17th July 2017

2017/726

Schedule 9 (partially)

3rd April 2017

2017/399

Schedule 9 (partially)

17th July 2017

2017/726

Schedule 12 (partially)

3rd April 2017

2017/399

Schedule 14 (partially)

3rd April 2017

2017/399