Police, Crime, Sentencing and Courts Act 2022

Supplementary

119 Consequential amendments relating to Part 6

Schedule 11 contains consequential amendments.

120 Regulations under Part 6

(1) Regulations under this Part are to be made by the Secretary of State by statutory instrument.

(2) Regulations under this Part may make—

(a) different provision for different purposes;

(b) consequential, supplementary, incidental, transitional and transitory provision and savings.

(3) A statutory instrument containing the regulations specified in subsection (4) (with or without other provision) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(4) The regulations referred to in subsection (3) are—

(a) regulations under section 98(6)(b) or (c) (excluded offences);

(b) regulations under section 101(8) or 110(8);

(c) the first regulations under section 102(3) or 111(3) (maximum amount of financial penalty);

(d) any other regulations under section 102(3) or 111(3) which increase or decrease the maximum amount of a financial penalty by more than is necessary to reflect changes in the value of money;

(e) regulations under section 116(5) (commencement of code);

(f) regulations under section 117 (restriction on multiple cautions).

(5) A statutory instrument containing regulations under this Part to which subsection (3) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.

121 Interpretation of Part 6

In this Part—

• “the 1984 Act” means the Police and Criminal Evidence Act 1984;

• “authorised person” has the meaning given by section 98(7);

• “community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area where the offence in question was committed;

• “excluded offence” has the meaning given by section 98(6);

• “indictable-only offence” means an offence which, if committed by an adult, is triable only on indictment;

• “investigating officer” means—

  (a)

  an officer of Revenue and Customs appointed in accordance with section 2(1) of the Commissioners for Revenue and Customs Act 2005, or

  (b)

  a person designated as a policing support officer or a policing support volunteer under section 38 of the Police Reform Act 2002;

• “police detention” has the same meaning as in the 1984 Act (see section 118(2) of that Act);

• “prosecution authority” means—

  (a)

  the Attorney General;

  (b)

  the Director of Public Prosecutions;

  (c)

  the Director of the Serious Fraud Office;

  (d)

  the Secretary of State;

  (e)

  a person prescribed in regulations;

• “victim”, in relation to an offence, means the particular person who appears to have been affected, or principally affected, by the offence.