Statutory Instruments
2004 No. 3338 ( C.155 )
POLICE, ENGLAND AND WALES
The Police Reform Act 2002 (Commencement No. 10) Order 2004
Made
14th December 2004
The Secretary of State, in exercise of the powers conferred upon him by section 108(2) of the Police Reform Act 2002(1), hereby makes the following Order:
1. This Order may be cited as the Police Reform Act 2002 (Commencement No. 10) Order 2004.
2. The following provisions of Schedule 4 to the Police Reform Act 2002 shall, to the extent not already in force, come into force on 23rd December 2004–
(a)paragraph 2 (power to detain etc.);
(b)paragraph 3(2) (power to require name and address of person acting in an anti-social manner); and
(c)paragraph 4 (power to use reasonable force to detain person).
3. The following provisions of the Police Reform Act 2002 shall come into force on 23rd December 2004–
(a)section 107 (1) (consequential amendments and repeals) to the extent not already in force and (2) in so far as it relates to the entries in Schedule 8 referred to in paragraph (c) below;
(b)Schedule 7 (minor and consequential amendments) to the extent not already in force; and
(c)in Schedule 8 (repeals) the entries relating to–
(i)the Road Traffic Offenders Act 1988(2);
(ii)section 42(6)(a) of the Police Act 1997(3);
(iii)sub-paragraphs (2), (3) and (9) of paragraph 22 of Schedule 4 to the Police (Northern Ireland) Act 1998(4);
(iv)the Local Government Act 1999(5);
(v)paragraph 90 of Schedule 27 to the Greater London Authority Act 1999(6); and
(vi)sections 122(3) and 123(3) of the Criminal Justice and Police Act 2001(7).
Hazel Blears
Minister of State
Home Office
14th December 2004
Explanatory Note
(This note is not part of the Order)
Paragraphs 2(3) to (6), 3(2) and 4 of Schedule 4 to the Police Reform Act 2002 were partially brought into force on 2nd December 2002 (see the Police Reform Act 2002 (Commencement No. 3) Order 2002 (S.I. 2002/2740)). Community Support Officers in the police areas of Devon and Cornwall, Gwent, Lancashire, Northamptonshire, West Yorkshire and the metropolitan police district were given powers to detain people for 30 minutes, using reasonable force if necessary, in specified circumstances. Article 2 of the Order brings the power into force in the remaining police areas in England and Wales on 23rd December 2004.
Article 3 of the Order brings into force in England and Wales on 23rd December 2004 a number of minor and consequential amendments and repeals.
Note as to Earlier Commencement Orders
(This note is not part of the Order)
The following provisions of the Police Reform Act 2002 have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 8 | 1st October 2002 | 2002/2306 |
| Section 9(2) to (4) and (6) (in part) | 1st October 2002 | 2002/2306 |
| Section 9 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Sections 10 to 12 | 1st April 2004 | 2004/913 |
| Section 13 (in part) | 1st October 2002 | 2002/2306 |
| Section 13 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Section 14 (in part) | 1st October 2002 | 2002/2306 |
| Section 14 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Sections 15 and 16 | 1st April 2004 | 2004/913 |
| Section 17 (in part) | 1st October 2002 | 2002/2306 |
| Section 17 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Section 18 | 1st April 2004 | 2004/913 |
| Section 19 | 1st October 2002 | 2002/2306 |
| Section 20 (in part) | 1st October 2002 | 2002/2306 |
| Section 20 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Section 21 (in part) | 1st October 2002 | 2002/2306 |
| Section 21 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Section 22 | 1st April 2004 | 2004/913 |
| Section 23 | 1st October 2002 | 2002/2306 |
| Section 24 (in part) | 1st October 2002 | 2002/2306 |
| Section 24 (to the extent not already in force) | 15th November 2003 | 2003/2593 |
| Section 25 (in part) | 1st October 2002 | 2002/2306 |
| Section 25 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Sections 26 and 27 | 1st April 2004 | 2004/913 |
| Sections 28 and 29 | 1st October 2002 | 2002/2306 |
| Sections 30 to 33 | 1st June 2004 | 2004/1319 |
| Sections 34 to 36 | 1st October 2002 | 2002/2306 |
| Section 37 | 1st April 2004 | 2004/913 |
| Section 38 | 2nd December 2002 | 2002/2750 |
| Section 39 (in part) | 1st October 2002 | 2002/2306 |
| Section 39 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Sections 40 and 41 | 2nd December 2002 | 2002/2750 |
| Section 42 | 1st April 2003 | 2003/808 |
| Section 43 | 1st October 2002 | 2002/2306 |
| Section 44 | 2nd December 2002 | 2002/2750 |
| Section 46 | 2nd December 2002 | 2002/2750 |
| Sections 47 to 49 | 1st October 2002 | 2002/2306 |
| Section 50 | 2nd December 2002 | 2002/2750 |
| Sections 51 to 53 | 1st April 2003 | 2003/808 |
| Section 54 (in part) | 1st October 2002 | 2002/2306 |
| Section 54 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Section 55 (in part) | 1st October 2002 | 2002/2306 |
| Section 55 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Section 56 | 1st October 2002 | 2002/2306 |
| Section 57 (in part) | 1st October 2002 | 2002/2306 |
| Section 57 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Section 58 (in part) | 1st October 2002 | 2002/2306 |
| Section 58 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Section 59 | 1st January 2003 | 2002/2750 |
| Section 60 | 1st October 2002 | 2002/2306 |
| Sections 61 and 62 | 2nd December 2002 | 2002/2750 |
| Section 63 | 1st April 2003 | 2003/808 |
| Section 64 | 2nd December 2002 | 2002/2750 |
| Section 65 (in part) | 2nd December 2002 | 2002/2750 |
| Section 65 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Section 66 (in part) | 2nd December 2002 | 2002/2750 |
| Section 66 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Sections 67 to 69 | 2nd December 2002 | 2002/2750 |
| Sections 70 and 71 (as to Scotland) | 1st October 2002 | S.S.I. 2002/420 |
| Sections 72 to 74 | 2nd December 2002 | 2002/2750 |
| Sections 75 to 78 | 1st October 2002 | 2002/2306 |
| Section 79 | 9th March 2004 | 2004/636 |
| Sections 80 and 81 | 1st October 2002 | 2002/2306 |
| Section 82 (in part) | 1st October 2002 | 2002/2306 |
| Section 82 (to the extent not already in force) | 3rd February 2003 | 2002/2750 |
| Section 83 | 1st October 2002 | 2002/2306 |
| Section 84 | 1st November 2002 | 2002/2306 |
| Section 85 | 1st October 2002 | 2002/2306 |
| Section 86 (in part) | 1st April 2003 | 2003/808 |
| Section 87 (in part) | 1st April 2003 | 2003/808 |
| Section 87 (to the extent not already in force) | 15th November 2003 | 2003/2593 |
| Sections 88 and 89 | 1st October 2002 | 2002/2306 |
| Section 90 (in part) | 1st October 2002 | 2002/2306 |
| Section 91 (in part) | 1st October 2002 | 2002/2306 |
| Section 91 (to the extent not already in force) | 15th November 2003 | 2003/2593 |
| Section 92 (in part) | 1st October 2002 | 2002/2306 |
| Section 92 (to the extent not already in force) | 1st November 2002 | 2002/2306 |
| Sections 93 and 94 | 1st October 2002 | 2002/2306 |
| Section 96 | 1st April 2003 | 2003/808 |
| Section 97 (as to Wales) | 1st April 2003 | 2003/525 |
| Section 97 (as to England) (in part) | 1st October 2002 | 2002/2306 |
| Section 97 (as to England) (in part) | 1st April 2003 | 2003/808 |
| Section 97 (as to England) (in part) | 23rd February 2004 | 2004/119 |
| Section 97 (as to England) (to the extent not already in force) | 30th April 2004 | 2004/913 |
| Section 98 (as to England) | 1st October 2002 | 2002/2306 |
| Section 98 (as to Wales) | 1st April 2003 | 2003/525 |
| Section 99 | 1st October 2002 | 2002/2306 |
| Section 101 | 1st October 2002 | 2002/2306 |
| Section 102 (as to Scotland) (in part) | 1st October 2002 | S.S.I. 2002/420 |
| Section 102 (in part) | 1st October 2002 | 2002/2306 |
| Section 103 (as to Scotland) (in part) | 1st October 2002 | S.S.I. 2002/420 |
| Section 103 (in part) | 1st October 2002 | 2002/2306 |
| Section 104 (as to Scotland) (in part) | 1st October 2002 | S.S.I. 2002/420 |
| Section 104 (in part) | 1st October 2002 | 2002/2306 |
| Section 107 (in part) | 1st October 2002 | 2002/2306 |
| Section 107 (in part) | 2nd December 2002 | 2002/2750 |
| Section 107 (in part) | 1st April 2003 | 2003/808 |
| Section 107 (in part) | 1st April 2004 | 2004/913 |
| Section 107 (in part) | 1st April 2004 | 2004/913 |
| Section 107 (in part) | 1st June 2004 | 2004/1319 |
| Schedule 1 | 1st October 2002 | 2002/2306 |
| Schedule 2 (in part) | 1st October 2002 | 2002/2306 |
| Schedule 2 (to the extent not already in force) | 1st April 2003 | 2003/808 |
| Schedule 3 (in part) | 1st October 2002 | 2002/2306 |
| Schedule 3 (to the extent not already in force) | 1st April 2004 | 2004/913 |
| Schedule 4 (in part) | 2nd December 2002 | 2002/2750 |
| Schedule 4 (in part) | 15th November 2003 | 2003/2593 |
| Schedule 5 | 2nd December 2002 | 2002/2750 |
| Schedule 6 | 1st October 2002 | 2002/2306 |
| Schedule 7 (in part) | 1st October 2002 | 2002/2306 |
| Schedule 7 (in part) | 2nd December 2002 | 2002/2750 |
| Schedule 7 (in part) | 1st April 2004 | 2004/913 |
| Schedule 8 (in part) | 1st October 2002 | 2002/2306 |
| Schedule 8 (in part) | 2nd December 2002 | 2002/2750 |
| Schedule 8 (in part) | 1st April 2003 | 2003/808 |
| Schedule 8 (in part) | 1st April 2004 | 2004/913 |
| Schedule 8 (in part) | 30th April 2004 | 2004/913 |
| Schedule 8 (in part) | 1st June 2004 | 2004/1319 |