The Police and Criminal Evidence Act 1984 (Commencement No. 1) Order 1984

Statutory Instruments

1984 No. 2002 (C.47)

POLICE

The Police and Criminal Evidence Act 1984 (Commencement No. 1) Order 1984

Made

20th December 1984

In exercise of the powers conferred on me by section 121(1) of the Police and Criminal Evidence Act 1984, I hereby make the following Order:—

1.  This Order may be cited as the Police and Criminal Evidence Act 1984 (Commencement No. 1) Order 1984.

2.—(1) So much of section 1 of the Police and Criminal Evidence Act 1984 as relates to search for stolen articles shall come into force on 1st January 1985 for the purpose of conferring powers on constables in localities to which this paragraph applies.

(2) Paragraph (1) applies to any locality in which there was in force on 31st December 1984 an enactment conferring power on a constable to search for stolen or unlawfully obtained goods, other than an enactment contained in a public general Act or an enactment relating to statutory undertakers.

3.  The provisions of the Police and Criminal Evidence Act 1984 specified in the Schedules to this Order shall come into force on the dates mentioned in the headings to those Schedules.

Leon Brittan

One of Her Majesty's Principal Secretaries of State

Home Office

20th December 1984

APPENDIX A PROVISIONS OF SCHEDULE 6 COMING INTO FORCE ON 1ST MARCH 1985

So much of Schedule 6 as amends the following enactments:—

Section 7(1) and section 29(2) of the Police Act 1964 (c.48).

Police (Scotland) Act 1967 (c.77).

APPENDIX B REPEALS TAKING EFFECT FROM 1ST MARCH 1985

Chapter	Short title	Extent of repeal
1967 c.77.	Police (Scotland) Act 1967.	Section 5(3).

SCHEDULE 1 PROVISIONS OF THE POLICE AND CRIMINAL EVIDENCE ACT 1984 COMING INTO FORCE ON 1ST JANUARY 1985

1	2
Provisions of the Act	Subject matter of provisions
Section 7(2)(b).	Power of constables employed by statutory undertakers to search for stolen or unlawfully obtained goods.
Section 7(3).	Meaning of “statutory undertakers”.
Section 23.	Meaning of “premises”, etc.
Section 59.	Legal aid for persons at police stations.
Section 66.	Codes of practice.
Section 67.	Codes of practice—supplementary.
Section 106.	Arrangements for obtaining the views of the community on policing.
Section 109(c).	Authorisation of Police Federations to make rules relating to their constitution and proceedings.
Section 112.	Metropolitan police officers.
Section 113(3) to (13).	Application of Act to Armed Forces.
Section 115.	Expenses.
Section 118.	General interpretation.

SCHEDULE 2 PROVISIONS OF THE POLICE AND CRIMINAL EVIDENCE ACT 1984 COMING INTO FORCE ON 1ST MARCH 1985

Provisions of the Act	Subject matter of provisions
Section 108.	Deputy chief constables.
Section 110.	Functions of special constables in Scotland.
Section 111.	Regulations for police forces and police cadets—Scotland.
Section 119 to the extent necessary to bring into operation the provisions of Schedules 6 and 7 respectively specified in Appendix A and Appendix B hereto.	Amendments and repeals
So much of Schedule 6 as is specified in Appendix A hereto.	Minor and consequential amendments.
So much of Schedule 7 as is specified in Appendix B hereto.	Miscellaneous repeals.

EXPLANATORY NOTE

Article 2 of the Order brings section 1 of the Police and Criminal Evidence Act 1984 into force on 1st January 1985 for the limited purpose of replacing constabulary powers of stop and search for stolen or unlawfully obtained goods exercisable under local enactments referred to in section 7(1) and (2) of the Act (which expire at the end of 1984) by the equivalent powers, in the localities to which those enactments apply, to search for stolen articles under section 1 of the Act.

Article 3 brings into force on 1st January 1985 and 1st March 1985 respectively the provisions of the Police and Criminal Evidence Act 1984 set out in Schedules 1 and 2 to the Order. As provided by section 120, those provisions extend to England and Wales only, except for sections 7, 108(1) and (6) and 109 (which extend throughout Great Britain); sections 108(4) and (5), 110, 111, 112(1), the amendments to the Police (Scotland) Act 1967 in paragraphs 30 to 33 of Schedule 6, and the repeal in Schedule 7 of section 5(3) of that Act (which extend to Scotland only); section 112(2) (which extends to Northern Ireland only); and section 113(3) to (13), section 115, the definition of “document” in section 118 and section 119 in so far as they have effect in relation to any provision other than a provision extending to England and Wales only.