The Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

Statutory Instruments

2017 No. 482 (C. 43)

Criminal Law

Enforcement

United Nations

The Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

Made

28th March 2017

The Treasury make the following Regulations in exercise of the power conferred by section 183(3) of the Policing and Crime Act 2017(1).

Citation

1.  These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017.

Appointed day for the coming into force of Part 8 of the Policing and Crime Act 2017

2.  The day appointed for the coming into force of the provisions of Part 8 of the Policing and Crime Act 2017, in so far as they are not already in force, is 1st April 2017.

David Evennett

Guto Bebb

Two of the Lords Commissioners of Her Majesty’s Treasury

28th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force Part 8 of the Policing and Crime Act 2017 (c. 3) (“the Act”) in so far as it is not already in force. These are the second commencement regulations made under the Act.

Regulation 2 brings Part 8 of the Act into force on 1st April 2017 in so far as it is not already in force. Section 144 modifies the application of the European Communities Act 1972 (c. 68) to enable an increase in the maximum term of imprisonment for offences relating to financial sanctions. Section 145 extends the maximum term of imprisonment for offences under the Anti-terrorism, Crime and Security Act 2001 (c. 24) and the Counter-Terrorism Act 2008 (c. 28) to seven years on conviction on indictment, in line with the new maximum penalties enabled by section 144. Sections 146 to 149 of the Act introduce a new monetary penalties regime for breaching financial sanctions. Sections 150 and 151 of the Act expand the range of enforcement options to include deferred prosecution agreements and serious crime prevention orders.

Sections 152 and 153 of the Act provide the Treasury with the power to make regulations to create a temporary financial sanctions regime in order to implement a UN-mandated financial sanctions regime. Sections 154 and 155 enable the Treasury to make regulations linking UN financial sanctions Resolutions with the corresponding EU financial sanctions Regulations. This means that where a person is designated for the purposes of a UN financial sanctions Resolution, that person is to be treated for a temporary period as if included in the corresponding EU financial sanctions Regulation. Section 156 enables the temporary regime measures under sections 152 and 153 and temporary listing measures under sections 154 and 155 to be extended to the Bailiwick of Guernsey, the Isle of Man and the British Overseas Territories.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Policing and Crime Act 2017 (c. 3) will come into force on the dates specified by commencement regulations made before the date of these Regulations:

Provision	Date of Commencement	S.I. No.
Sections 1 to 7	3rd April 2017	2017/399
Section 32	3rd April 2017	2017/399
Section 33 (partially)	3rd April 2017	2017/399
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 52-79	3rd April 2017	2017/399
Sections 120-122	3rd April 2017	2017/399
Section 124	3rd April 2017	2017/399
Section 125	2nd May 2017	2017/399
Sections 127 to 130	2nd May 2017	2017/399
Section 133	3rd April 2017	2017/399
Section 134	3rd April 2017	2017/399
Sections 135 to 140	6th April 2017	2017/399
Section 163	3rd April 2017	2017/399
Section 175	3rd April 2017	2017/399
Sections 177 and 178	3rd April 2017	2017/399
Schedule 1	3rd April 2017	2017/399
Schedule 9 (partially)	3rd April 2017	2017/399
Schedule 12 (partially)	3rd April 2017	2017/399
Schedule 14 (partially)	3rd April 2017	2017/399

(1)

2017 c. 3.