The Justice (2011 Act) (Commencement No. 3) Order (Northern Ireland) 2012

Statutory Rules of Northern Ireland

2012 No. 142 (C. 14)

Justice

The Justice (2011 Act) (Commencement No. 3) Order (Northern Ireland) 2012

Made

26 March 2012

The Department of Justice, in exercise of the powers conferred by section 111(3) of the Justice Act (Northern Ireland) 2011 (1), makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Justice (2011 Act) (Commencement No. 3) Order (Northern Ireland) 2012.

(2) In this Order, “the 2011 Act” means the Justice Act (Northern Ireland) 2011.

Appointed day

2.  The day appointed for the coming into operation of the following provisions of the 2011 Act is 1st April 2012 —

(a) Part 3 and Schedules 1 and 2 (policing and community safety partnerships);

(b) section 81 (order to recover costs of legal aid);

(c) section 110 (minor and consequential amendments and repeals) to the extent necessary to bring into operation the provisions specified in paragraphs (d) and (e);

(d) in Schedule 7 (minor and consequential amendments) paragraphs 4, 6, 8, 9 and 10;

(e) in Schedule 8 (repeals) Part 2.

Sealed with the Official Seal of the Department of Justice on 26 March 2012

David Ford

Minister of Justice

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation certain provisions of the Justice Act (Northern Ireland) 2011 (c.24) (“the Act”).

The provisions of the Act set out in Article 2 come into operation on 1st April 2012.

Part 3 and Schedules 1 and 2 create new Policing and Community Safety Partnership structures. The provisions integrate the roles of Community Safety Partnerships (CSPs) and District Policing Partnerships (DPPs) to create single partnerships for each district council that will be known as Policing and Community Safety Partnerships (PCSPs).

Sections 20 to 22 provide for the establishment of and describe the functions of PCSPs and District Policing and Community Safety Partnerships (DPCSPs). Section 23 sets out the arrangements for the creation and content of a code of practice for PCSPs and DPCSPs. Sections 24 to 32 provide for various reports to be made by PCSPs and DPCSPs to councils and the joint committee, and by policing committees to the Policing Board and the timescales within which these reports must be submitted. Section 33 allows policing committees to make arrangements to facilitate consultation by the police with any local community within the relevant district and section 34 sets out the functions of the joint committee and the Policing Board in assessing the level of public satisfaction with the performance of PCSPs and DPCSPs and assessing the effectiveness of PCSPs and DPCSPs in performing their functions.

Schedule 1 sets out in more detail how a PCSP under Part 3 is to be established for each council district and the arrangements for its proceedings and Schedule 2 sets out in more detail how a DPCSP under Part 3 is to be established for each police district of Belfast and the arrangements for its proceedings.

Section 81 is an enabling power to allow for rules to be made to allow courts to make recovery of defence costs orders against legally aided defendants who are convicted if the court considers that the defendant has sufficient funds to pay all, or a proportion of, the costs of his defence. The rules, when made, will include the detail of how these orders will operate in practice.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

Provision	Date of Commencement	S.R. No.
Sections 14 to 19, 54, 56, 96, 97, 98, 99, 109 (partially), 110 (partially), Schedule 6 (partially), Schedule 7 (partially) and Schedule 8 (partially)	5th July 2011	S.R. 2011 No. 224 (C. 14)
Section 35 (partially) and Schedule 3 (partially), sections 36 to 40 and 50 (partially)	1st August 2011	S.R. 2011 No. 224 (C. 14)
Section 103	1st December 2011	S.R. 2011 No. 370 (C.26)
Sections 7 to 11, 13, 35 (so far as not already in operation) and Schedule 3 (so far as not already in operation), 41 to 49, 50 (so far as not already in operation), 100, 110 (partially), Schedule 7 (partially) and Schedule 8 (partially)	1st January 2012	S.R. 2011 No. 370 (C.26)

(1)

2011 c.24 (N.I.).