Part 3: Final provisions
Section 49: Regulations
- Subsection (1) states that any regulations made under the Act will be made by statutory instrument, and in making such regulations under certain circumstances, subsection (2) provides the power to make incidental, transitional or saving provision and a power to make different provision for different purposes or for different areas.
- Subsections (3) and (4) sets out the affirmative and negative resolution procedures respectively for statutory instruments made under the Act.
- Subsection (5) provides that subsection (4), which relates to regulations subject to the negative resolution procedure, does not apply if a draft of the statutory instrument has been laid before and approved by a resolution of each House of Parliament.
Section 50: Extent
- This section sets out the territorial extent of the Act. Subsection (1) provides that any amendment or repeal made by the Act has the same extent as the provision it amends or repeals, subject to subsections (3) and (6).
- Subsection (2) provides that sections 1(4), 2(2), and 36 (which make transitional and saving provision) have the same extent as the amendments or repeals to which they relate.
- Subsection (3) specifically sets out certain provisions in the Act that extend only to England and Wales.
- Subsections (4) and (5) provide that section 48(3) extends to England, Wales and Northern Ireland, but sections 48(2) and (4) also extend to Scotland.
- Subsection (6) provides that paragraph 3(5) of Schedule 2 extends to England and Wales, Scotland and Northern Ireland.
- Subsection (7) provides that Part 3 of Schedule 3 extends only to England and Wales and Scotland.
- Subsection (8) provides that apart from the exceptions set out in this section, the Act extends to England and Wales, Scotland and Northern Ireland.
Section 51: Commencement and transitional provision
- This section sets out when the measures in the Act will come into force.
- Subsection (1) states that Part 3, and sections 11, 13(3), and paragraphs 12 to 14 of Schedule 2 and section 18 so far as relating to those paragraphs, come into force on the day the Act is passed.
- Subsection (2) enables most of the provisions in Section 13, and certain provisions in Schedule 2, which allow magistrates' court sentencing powers to be varied, to commence automatically upon Royal Assent in certain circumstances. Automatic commencement would take place if provisions to extend those sentencing powers has commenced before the Act receives Royal Assent. Alternatively, provisions increasing magistrates’ court sentencing powers are commenced later, then the remainder of the Section can be brought into force after that date by regulations.
- Subsection (3) sets out the specific provisions that will come into force two months after the Act passes.
- With the exception of the provisions in subsection (2), which come into force two months after the Act passes, the remainder of the sections will come into force by means of commencement regulations made by the Lord Chancellor, as set out in subsections (4) to (6).
Section 52: Short title
- Section 49 provides that the Act may be cited as the Judicial Review and Courts Act 2021.
