Statutory Instruments
Police, England And Wales
Mental Health, England And Wales
Senior Courts Of England And Wales
Magistrates’ Courts, England And Wales
Made
24th October 2017
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 183(1) and (9) of the Policing and Crime Act 2017(1):
1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 4 and Saving Provisions) Regulations 2017.
(2) In these Regulations “the Act” means the Policing and Crime Act 2017.
2. The day appointed for the coming into force of section 162 of the Act (requirement to give information in criminal proceedings) is 13th November 2017.
3. The day appointed for the coming into force of the following provisions of the Act is 11th December 2017—
(a)section 80 (extension of powers under sections 135 and 136 of the Mental Health Act 1983), in so far as not already in force(2);
(b)section 81 (restrictions on places that may be used as places of safety), in so far as not already in force;
(c)section 82 (periods of detention in places of safety etc); and
(d)section 83 (protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983).
4.—(1) Despite the coming into force of sections 80 to 83 of the Act in accordance with regulation 3, the amendments made by those sections do not apply in relation to a person where—
(a)the warrant authorising the removal of that person under section 135 of the Mental Health Act 1983(3) was issued before 11th December 2017; or
(b)the removal of that person to a place of safety under section 136 of the Mental Health Act 1983(4) started before 11th December 2017.
Sarah Newton
Parliamentary Under Secretary of State
Home Office
24th October 2017
(This note is not part of the Regulations)
These Regulations bring into force specified provisions of the Policing and Crime Act 2017 (“the Act”), and make saving provisions in relation to the coming into force of certain of those provisions. They are the fourth commencement regulations under the Act. Other provisions of the Act were brought into force on Royal Assent by section 183(5) of the Act or commenced on 31st March 2017 by virtue of section 183(6) of the Act.
Regulation 2 provides for the commencement of section 162 of the Act, which amends the Courts Act 2003, on 13th November 2017.
Regulation 3 provides for the commencement, so far as they are not already in force, of sections 80 to 83 of the Act, which amend the Mental Health Act 1983, on 11th December 2017.
Regulation 4 makes saving provision to ensure that the amendments to the Mental Health Act 1983 commenced by regulation 3 do not apply in relation to a person if the warrant authorising their removal under section 135 of the Mental Health Act 1983 was issued, or their removal to a place of safety under section 136 of that Act started, before 11th December 2017.
(This note is not part of the Regulations)
The following provisions of the Policing and Crime Act 2017 have been brought into force on the date specified by commencement regulations made before these Regulations.
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Sections 1 to 5 | 3rd April 2017 | 2017/399 |
| Section 6 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 7 | 3rd April 2017 | 2017/399 |
| Section 8 (in so far as it was not already in force) | 17th July 2017 | 2017/726 |
| Section 11(1) to (7) (in so far as it was not already in force) | 17th July 2017 | 2017/726 |
| Section 12 | 17th July 2017 | 2017/726 |
| Section 32 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 33 (partially) | 3rd April 2017 | 2017/399 |
| Section 33(9) (partially) | 17th July 2017 | 2017/726 |
| Sections 36 and 37 | 2nd May 2017 | 2017/399 |
| Section 45 (partially) | 3rd April 2017 | 2017/399 |
| Section 49 | 3rd April 2017 | 2017/399 |
| Section 50 | 3rd April 2017 | 2017/399 |
| Section 51 (partially) | 3rd April 2017 | 2017/399 |
| Sections 52 to 62 | 3rd April 2017 | 2017/399 |
| Section 63 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 64 to 75 | 3rd April 2017 | 2017/399 |
| Sections 77 to 79 | 3rd April 2017 | 2017/399 |
| Sections 120 to 122 | 3rd April 2017 | 2017/399 |
| Section 124 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 125 (in so far as it was not already in force) | 2nd May 2017 | 2017/399 |
| Sections 127 to 130 | 2nd May 2017 | 2017/399 |
| Section 133 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 134 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Sections 135 to 140 | 6th April 2017 | 2017/399 |
| Sections 143 to 156 (in so far as they were not already in force) | 1st April 2017 | 2017/482 |
| Section 163 | 3rd April 2017 | 2017/399 |
| Section 175 | 3rd April 2017 | 2017/399 |
| Section 177 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Section 178 | 3rd April | 2017/399 |
| Schedule 1 (in so far as it was not already in force) | 3rd April 2017 | 2017/399 |
| Schedule 3 (in so far as it was not already in force) | 17th July 2017 | 2017/726 |
| Schedule 9 (partially) | 3rd April 2017 | 2017/399 |
| Schedule 9 (partially) | 17th July 2017 | 2017/726 |
| Schedule 12 (partially) | 3rd April 2017 | 2017/399 |
| Schedule 14 (partially) | 3rd April 2017 | 2017/399 |
2017 c.3 (“the Act”).
By virtue of section 183(5)(e) of the Act, sections 80 and 81 came into force on the day on which the Act was passed, so far as is necessary for enabling the exercise of any power to make provision by subordinate legislation.
1983 c. 20; section 135 was amended by paragraph 26 of Part I of Schedule 6, and Part 1 of Schedule 7, to the Police and Criminal Evidence Act 1984 (c.60), paragraph 1 of Schedule 10 to the National Health Service and Community Care Act 1990 (c.19), paragraph 9(9) of Schedule 4 to the Care Standards Act 2002 (c.14), section 44(2) of, and paragraph 10(a) of Schedule 2 to, the Mental Health Act 2007 (c.12), and S.I. 2015/914 and 2016/413. There are other amendments but none are relevant.
Section 136 was amended by section 44(3) of, and paragraph 10(b) of Schedule 2 to, the Mental Health Act 2007.