Search Legislation

The Crime and Disorder Act 1998 (Commencement No. 2 and Transitional Provisions) Order 1998

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

More Resources

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

5.—(1) In relation to any time before the commencement of sections 38 to 40 of the 1998 Act in an area not specified in Schedule 1 to this Order–

(a)subsection (4A) of section 37 of the 1991 Act (as inserted by paragraph 83(5) of Schedule 8 to the 1998 Act) shall have effect as if paragraph (b) of that subsection and the word “or” immediately preceding it were omitted; and

(b)section 31(6) of the 1997 Act (as amended by paragraph 131(3) of Schedule 8 to the 1998 Act) shall have effect as if the words “and for the words “the words in parentheses” there shall be substituted the words “subsection (2A) above”” were omitted.

(2) In relation to any time before the commencement of sections 75 to 77 of the 1998 Act–

(a)section 55(1A)(d) of the 1933 Act (as inserted by paragraph 2 of Schedule 8 to the 1998 Act) shall have effect as if the words “section 77(3) of the Crime and Disorder Act 1998 (breach of requirements of supervision under detention and training order) or” were omitted;

(b)section 31(1) of the 1991 Act (as amended by paragraph 78(a) and (c) of Schedule 8 to the 1998 Act) shall have effect as if the definition of a detention and training order were omitted;

(c)paragraphs 8(2) and 9(2) of Schedule 1 to the 1997 Act (as amended by paragraph 135(3)(a) and (4)(b) of Schedule 8 to the 1998 Act) shall have effect as if the words “and sections 75 to 77 of the Crime and Disorder Act 1998” were omitted; and

(d)paragraphs 8(4) and 9(4) of Schedule 1 to the 1997 Act (as amended by paragraphs 135(3)(b) and (4)(c) of Schedule 8 to the 1998 Act) shall have effect as if the words “and sections 76 and 77 of the Crime and Disorder Act 1998” were omitted.

(3) In relation to any time before the commencement of sections 99 and 100 of the 1998 Act–

(a)section 2(4)(b)(i) of the Repatriation of Prisoners Act 1984(1) (as substituted by paragraph 56 of Schedule 8 to the 1998 Act) shall have effect as if the words “, 33A(2), 34A(3)” were omitted;

(b)paragraph 2(4) of Schedule 2 to the Repatriation of Prisoners Act 1984 (as substituted by paragraphs 58(2) and 59(3) of Schedule 8 to the 1998 Act) shall have effect as if the words “ 33A(2), 34A(3),” were omitted;

(c)section 33A of the 1991 Act (as inserted by paragraph 81 of Schedule 8 to the 1998 Act) shall have effect as if–

(i)in subsection (1)(b), the words “34A(3) or” were omitted;

(ii)in subsection (1)(b), the words “38A(1) or” or, as that subsection has effect by virtue of paragraph 12(4) of Schedule 9 to the 1998 Act, “or 38A(1)” were omitted; and

(iii)subsection (2) were omitted;

(d)section 37 of the 1991 Act (as amended by paragraph 83(1)(a) and (4) to (6) of Schedule 8 to the 1998 Act) shall have effect as if–

(i)in subsection (1), the words “, (1B)” were omitted; and

(ii)in subsection (4A), the words “may in the case of a person released on licence under section 34A above whose sentence is for a term of less than twelve months, and” and “in any other case,” were omitted; and

(e)section 45 of the 1991 Act (as amended by paragraph 88(1), (2) and (3)(b) of Schedule 8 to the 1998 Act) shall have effect as if, in subsection (1), the words “34A,” were omitted.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources