Criminal Justice and Court Services Act 2000

Part IV U.K. General and supplementary

Chapter I U.K. General

71 Access to driver licensing records. U.K.

(1) The Secretary of State may make any information held by him for the purposes of Part III of the M1 Road Traffic Act 1988 available F1 ... for use by constables [F2 and [F3 National Crime Agency officers]].

(2) In respect of any information made available F4 ... under subsection (1), the Secretary of State may by regulations—

(a) determine the purposes for which [F5 information may be made available to] constables [F6 and [F7 National Crime Agency officers]] F8 ...,

(b) determine the circumstances in which any of the information [F9 made available to them] may be further disclosed by them.

(3) Before making any regulations applying in respect of [F10 constables of the Police Service of Scotland], the Secretary of State must, to the extent to which the regulations will so apply, consult the Scottish Ministers.

(4) In this section [F11 —

“constables” includes —

[F12 (a) persons appointed by a chief constable under paragraph 4 of Schedule 2 to the Police Reform and Social Responsibility Act 2011 (civilian staff of police forces outside London),

(aa) persons appointed by the Commissioner of Police of the Metropolis under paragraph 1 of Schedule 4 to that Act (civilian staff of metropolitan police force),]

[F13 (b) police staff within the meaning of the Police and Fire Reform (Scotland) Act  2012,]

(c) police support staff (within the meaning of the Police (Northern Ireland) Act 2000), and

(d) persons employed by the British Transport Police Authority under section 27(1) of the Railways and Transport Safety Act 2003 who are under the direction and control of the Chief Constable of the British Transport Police Force],

“information” means information held in any form.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 71(1) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(2)(a); S.I. 2013/1682, art. 3(v)

F2 Words in s. 71(1) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 161; S.I. 2006/378, art. 4(1), Sch. para. 10

F3 Words in s. 71(1) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(2)(b); S.I. 2013/1682, art. 3(v)

F4 Words in s. 71(2) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(a); S.I. 2013/1682, art. 3(v)

F5 Words in s. 71(2)(a) inserted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(b)(i); S.I. 2013/1682, art. 3(v)

F6 Words in s. 71(2)(a) inserted (1.4.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(8), Sch. 4 para. 161; S.I. 2006/378, art. 4(1), Sch. para. 10

F7 Words in s. 71(2)(a) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(b)(ii); S.I. 2013/1682, art. 3(v)

F8 Words in s. 71(2)(a) omitted (7.10.2013) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(b)(iii); S.I. 2013/1682, art. 3(v)

F9 Words in s. 71(2)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 105(3)(c); S.I. 2013/1682, art. 3(v)

F10 Words in s. 71(3) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 35(a)

F11 Words in s. 71(4) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 123(1), 178(8); S.I. 2005/1521, art. 3(1)(k)

F12 Words in s. 71(4) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 248; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 60)

F13 S. 71(4)(b) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 35(b)

F14 S. 71(5) repealed (12.1.2009) by Policing and Crime Act 2009 (c. 26), s. 116(6)(b), Sch. 8 Pt. 13

Commencement Information

I1 S. 71 partly in force; s. 71 not in force at Royal Assent see s. 80; s. 71(1)-(4) in force at 29.10.2001 by S.I. 2001/3385, art. 2

Marginal Citations

M1 1988 c. 52.

72 Failure to secure regular attendance at school. E+W

(1) In section 444 of the M2 Education Act 1996 (failure to secure regular attendance at school)—

(a) after subsection (1) there is inserted—

“(1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails without reasonable justification to cause him to do so, he is guilty of an offence.”,

(b) in subsection (8), for “this section” there is substituted “ subsection (1) ”,

(c) after that subsection there is inserted—

“(8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale, or

(b) to imprisonment for a term not exceeding three months,

or both.

(8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.”

(2) This section does not apply to an offence committed before the section comes into force.

Marginal Citations

M2 1996 c. 56.

73 Parenting orders: responsible officer. E+W

In section 8(8) of the M3 Crime and Disorder Act 1998 (parenting orders: persons who may be specified as the responsible officer), after paragraph (b) there is inserted—

“(bb) a person nominated by a person appointed as chief education officer under section 532 of the M4 Education Act 1996”.

Marginal Citations

M3 1998 c. 37.

M4 1996 c. 56.

74 Amendments. E+W

Schedule 7 (which makes minor and consequential amendments) is to have effect.

Commencement Information

I2 S. 74 partly in force; s. 74 not in force at Royal Assent see s. 80; s. 74 in force for specified purposes at 20.6.2001 and 2.7.2001 by S.I. 2001/2232, art. 2(k)

I3 S. 74 in force at 2.9.2004 for specified purposes by S.I. 2004/2171, art. 2

Prospective

75 Repeals. E+W

The enactments specified in Schedule 8 are repealed to the extent specified.

Chapter II U.K. Supplementary

76 Subordinate legislation. U.K.

(1) This section applies to any power conferred by this Act on F15 ... the Secretary of State to make regulations, rules or an order.

(2) The power, unless it is a power to make an order under section 19, 20 or 23, shall be exercisable by statutory instrument.

(3) The power may be exercised so as to make different provision for different purposes or different areas.

(4) The power includes power to make—

(a) any supplementary, incidental or consequential provision, and

(b) any transitory, transitional or saving provision,

which the Minister exercising the power considers necessary or expedient.

(5) An order—

(a) making any provision by virtue of section 10, 26(2), 36(15), 57(5) or 70(2), or

(b) making any provision by virtue of section 77(2) which adds to, replaces or omits any part of the text of an Act,

may only be made if a draft of the statutory instrument containing the order has been laid before and approved by resolution of each House of Parliament.

(6) Any other statutory instrument made in exercise of a power to which this section applies shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) Subsection (6) does not apply to a statutory instrument containing an order—

(a) revoking an order made by virtue of section 10, or

(b) made by virtue only of section 80.

Textual Amendments

F15 Words in s. 76(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

77 Supplementary and consequential provision, etc. U.K.

(1) F16 ... the Secretary of State may by order make—

(a) any supplementary, incidental or consequential provision,

(b) any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of or for giving full effect to any provision of this Act.

(2) The provision which may be made under subsection (1) includes provision amending or repealing any enactment, instrument or document.

Textual Amendments

F16 Words in s. 77(1) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

78 General interpretation. U.K.

(1) In this Act—

• F17 ...

• “enactment” includes an enactment contained in subordinate legislation,

• “functions” includes powers and duties,

• F18 ...

• “subordinate legislation” has the same meaning as in the M5 Interpretation Act 1978.

(2) In this Act, “enactment” means an enactment whenever passed or made; but in this Part it means—

(a) an Act passed before, or in the same Session as, this Act, and

(b) subordinate legislation made before the passing of this Act.

Textual Amendments

F17 Words in s. 78(1) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t) (with Sch. 2) (as explained (29.7.2005) by S.I. 2005/2122, art. 2; and as amended: (14.7.2008) by 2008 c. 4, Sch. 26 para. 78, Sch. 28 Pt. 2; S.I. 2008/1586, Sch. 1 paras. 48(s), 50(2)(d); (30.11.2009) by S.I. 2009/3111, art. 2; (3.12.2012) by S.I. 2012/2905, art. 4; (3.12.2012) by 2012 c. 10, Sch. 14 para. 17; S.I. 2012/2906, art. 2(l))

F18 Words in s. 78 repealed (1.4.2010) by Offender Management Act 2007 (c. 21), s. 41(1), Sch. 5 Pt. 1; S.I. 2010/191, art. 2(13)(h)

Marginal Citations

M5 1978 c. 30.

79 Expenses. U.K.

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act,

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

80 Commencement. U.K.

(1) This Act shall come into force on such day as the Lord Chancellor or the Secretary of State may by order appoint.

(2) Different days may be appointed under this section for different purposes and different areas.

(3) Subsection (1) does not apply to—

(a) sections 19 to 22,

(b) section 60,

(c) this Chapter,

(d) in Schedule 7, paragraphs 15(1)(e) and (2), 18(3)(c)(i) and (4), 22(1)(e) and (2), 25(3)(c)(i) and (4), 29(1)(e) and (2), 32(3)(c)(i) and (4), 135 to 138, 142, 144 to 148 and 203(3) and (4),

(e) the repeals mentioned in the note to Schedule 8.

Subordinate Legislation Made

P1 S. 80 power partly exercised: 1.3.2001 appointed for specified provision by S.I. 2001/340, art. 2

S. 80 power partly exercised: 1.3.2001 appointed for specified provision by S.I. 2001/562, art. 2

S. 80 power partly exercised: 1.4.2001 appointed for specified provisions by S.I. 2001/919, art. 2

S. 80 partly exercised: 2.9.2002 appointed for specified provisions by S.I. 2002/1862, art. 2

S. 80 power partly exercised: different dates appointed for specified provisions by S.I. 2001/1651, art. 2

S. 80 power partly exercised: 31.5.2001 appointed for specified provisions by S.S.I. 2001/166, art. 3

S. 80 power partly exercised: different dates appointed for specified provisions by S.I. 2001/2232, art. 2

S. 80 power partly exercised: 29.10.2001 appointed for specified provisions by S.I. 2001/3385, art. 2

S. 80 power partly exercised: 20.5.2002 appointed for specified provisions by S.I.2002/1149, art. 2

81 Extent. U.K.

(1) Subject to the following provisions, this Act extends to England and Wales only.

(2) Subsection (1) does not apply to—

(a) sections 26 to 33, so far as they relate to the making of orders by, or orders made by, [F19 the Court Martial or the Court Martial Appeal Court],

(b) section 60, and paragraphs 135 to 138, 142 and 144 to 148 of Schedule 7, so far as they relate to sentences passed by a court-martial,

(c) section 61 so far as it relates to sentences passed by a court-martial or a Standing Civilian Court,

(d) section 66 and Schedule 5,

(e) section 71,

(f) this Chapter,

(g) paragraphs 17 and 19 of Schedule 2,

F20 (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) paragraph 159 of Schedule 7.

(3) Sections 35, 36 and 41 extend to England and Wales and Northern Ireland.

(4) Section 40 extends to Northern Ireland only.

(5) The amendment or repeal by Schedule 7 or 8 of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

(6) For the purposes of the M6 Scotland Act 1998, any provision of section 66 and Schedule 5 and, so far as relating to those provisions and extending to Scotland, any provision of this Chapter is to be taken to be a pre-commencement enactment within the meaning of that Act.

Textual Amendments

F19 Words in s. 81(2)(a) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 186(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F20 S. 81(2)(h) repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 186(b), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Marginal Citations

M6 1998 c. 46.

82 Short title. U.K.

This Act may be cited as the Criminal Justice and Court Services Act 2000.