2002 No. 344 (C. 7)

CRIMINAL LAW
POLICE

The Criminal Justice and Police Act 2001 (Commencement No. 4 and Transitional Provisions) Order 2002

Made

In exercise of the powers conferred upon him by sections 109, 116(7), 119(7) and 138(2) of the Criminal Justice and Police Act 20011, the Secretary of State hereby makes the following Order:

Citation and interpretation1

1

This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 4 and Transitional Provisions) Order 2002.

2

In this Order—

  • “the 1997 Act” means the Police Act 19972;

  • “the 2001 Act” means the Criminal Justice and Police Act 2001.

Commencement on 1st March 20022

The following provisions of the 2001 Act shall come into force on 1st March 2002—

a

section 1 (offences leading to penalties on the spot), for the purpose of making orders;

b

section 3 (amount of penalty and form of penalty notice);

c

section 131 (monitoring of compliance with bail conditions); and

d

section 132 (monitoring of compliance with conditions of non-secure remand).

Commencement on 1st April 20023

The following provisions of the 2001 Act shall come into force on 1st April 2002—

a

sections 33 to 37 (travel restrictions on drug trafficking offenders) in so far as not already in force;

b

section 104 (vice chairmen) in so far as not already in force;

c

section 106 (removal of age qualification for membership) in so far as not already in force;

d

section 107(1)(c) and (4) (payment of allowances to NCIS and NCS Service Authority members);

e

section 108 (number and appointment of members of NCS and NCIS Service Authorities);

f

section 112 (duty of NCIS Service Authority to prepare accounts);

g

section 115 (duty of NCS Service Authority to prepare accounts);

h

sections 116(1) to (6), 117, 118, 119(1) to (6), 120 and 121 (appointment and removal of Directors General and members of NCIS and NCS);

i

section 126 (pensions for members of NCIS and NCS);

j

section 137 (repeals) in so far as it relates to the entries in Schedule 7 referred to in paragraphs (l) and (m) below;

k

Schedule 6, in so far as not already in force save for paragraph 4 of the new Schedule 2A to the 1997 Act inserted by paragraph 21 of Schedule 6;

l

in Schedule 7, Part 4, the entries relating to the 1997 Act; and

m

Schedule 7, Part 5, in so far as not already in force.

Transitional provisions relating to NCIS and NCS4

1

The persons who are members of one or both of the Service Authorities for the National Criminal Intelligence Service and the National Crime Squad immediately before 1st April 2002 shall, unless reappointed with effect from that date, be treated as having resigned, in accordance with Schedule 2 to the 1997 Act3, at that time.

2

Any appointment of a person as the Director General of the National Criminal Intelligence Service pursuant to section 6 of the 1997 Act4 or as Director General of the National Crime Squad pursuant to section 52 of that Act5 which is in force immediately before 1st April 2002 shall continue to have effect as from that date.

John DenhamMinister of StateHome Office

(This note is not part of the Order)

This Order brings into force to the extent specified the provisions of the Criminal Justice and Police Act 2001 specified in article 2 on 1st March 2002 and the provisions specified in article 3 on 1st April 2002. The Order also makes transitional provision relating to members of the Service Authorities of the National Criminal Intelligence Service and National Crime Squad and the Directors General of those bodies.

(This note is not part of the Order)

The following provisions of the Criminal Justice and Police Act 2001 have been brought into force by commencement order made before the date of this Order:

Provision

Date of commencement

S.I.No.

Sections 12 to 16

1st September 2001

2001/2223

Sections 17 to 28

1st December 2001

2001/3736

Section 29

1st September 2001

2001/2223

Sections 30 to 32

1st December 2001

2001/3736

Section 37 (in part)

19th June 2001

2001/2223

Sections 39 to 41

1st August 2001

2001/2223

Section 44

1st August 2001

2001/2223

Section 45 (in part)

19th June 2001

2001/2223

Sections 46 and 47

1st September 2001

2001/2223

Sections 48 and 49

1st August 2001

2001/2223

Sections 71 and 72

1st October 2001

2001/3150

Section 75

1st August 2001

2001/2223

Sections 76 and 77

19th June 2001

2001/2223

Section 86

1st August 2001

2001/2223

Section 97 (in part)

1st October 2001

2001/3150

Section 100

1st October 2001

2001/3150

Sections 104 to 106 (in part)

19th June 2001

2001/2223

Section 107 (in part)

1st December 2001

2001/3736

Sections 110 and 111

1st August 2001

2001/2223

Sections 113 and 114

1st August 2001

2001/2223

Sections 122 to 125

1st January 2002

2001/3736

Section 128 (in part)

1st August 2001

2001/2223

Section 129

1st August 2001

2001/2223

Section 133

1st December 2001

2001/3736

Sections 134 to 136

19th June 2001

2001/2223

Section 137 (in part)

19th June 2001

2001/2223

  • (in part)

1st August 2001

2001/2223

  • (in part)

1st December 2001

2001/3736

  • (in part)

1st January 2002

2001/3736

Schedule 2, paragraph 26

1st October 2001

2001/3150

Schedule 6, paragraphs 3 and 12

1st August 2001

2001/2223

Schedule 7, Part 1

  • Parts 2 and 4 (in part)

19th June 2001

2001/2223

  • Part 4 (in part)

1st December 2001

2001/3736

  • Part 4 (in part)

1st January 2002

2001/3736

  • Parts 5 and 6 (in part)

1st August 2001

2001/2223