The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022

Statutory Instruments

2022 No. 704 (C. 40)

Civil Proceedings

Criminal Procedure

Family Proceedings

Tribunals And Inquiries

The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022

Made

27th June 2022

The Secretary of State, in exercise of the powers conferred by section 209(1) and (2) of the Police, Crime, Sentencing and Courts Act 2022(1), makes the following Regulations.

Citation, interpretation and extent

1.—(1) These Regulations may be cited as the Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 2) Regulations 2022.

(2) In these Regulations a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Police, Crime, Sentencing and Courts Act 2022.

(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Commencement of provisions on 28th June 2022

2.—(1) Section 201(2) (repeal of temporary provision) comes into force on 28th June 2022, for all purposes except those of the provisions specified in paragraph (2).

(2) The provisions referred to in paragraph (1) are—

(a)Rule 2 (expiry) of the Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020(2);

(b)Rule 1(2) (citation, commencement and expiry) of the Tribunal Procedure (Coronavirus) (Amendment) Rules 2020(3);

(c)Rule 1(2) (citation, commencement and expiry) of the Tribunal Procedure (Amendment) Rules 2020(4).

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

27th June 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the second commencement regulations made under the Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”). They bring into force section 201(2) of the 2022 Act, which repeals section 55 of and Schedule 25 to the Coronavirus Act 2020(5). Section 55 of and Schedule 25 to the Coronavirus Act 2020 make provision for specified courts and tribunals to be able to transmit proceedings which are held entirely remotely to observers, to maintain open justice in such cases; and they are replaced by a more comprehensive scheme for transmission of proceedings for which sections 198 and 199 of the 2022 Act make provision. Section 201(2) of the 2022 Act is commenced for all purposes except those of certain provisions in Tribunal Procedure Rules and Employment Appeal Tribunal Rules which provide for certain rules to cease to have effect when section 55(b) of the Coronavirus Act 2020 expires for all purposes – which in the absence of repeal is at the end of the period of six months beginning with 25th March 2022, by virtue of the Coronavirus Act 2020 (Delay in Expiry: Inquests, Courts and Tribunals, and Statutory Sick Pay) (England and Wales and Northern Ireland) Regulations 2022(6). The effect of section 201(2) of the 2022 Act not being commenced for the purposes of the specified provisions of rules is that those provisions will continue in force until the end of the period of six months beginning with 25th March 2022, which will allow time for a more permanent amendment of the rules in question.

An impact assessment has not been published for these Regulations as no significant impact on the private, voluntary or public sector is foreseen.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Police, Crime, Sentencing and Courts Act 2022 have been brought into force by commencement regulations made before the date of these Regulations.

ProvisionDate of CommencementS.I. No.
Section 42(1) to (7)12th May 20222022/520
Section 8012th May 20222022/520
Section 128th June 20222022/520
Section 4, so far as not already in force28th June 20222022/520
Section 4628th June 20222022/520
Section 4828th June 20222022/520
Section 4928th June 20222022/520
Section 5528th June 20222022/520
Section 5628th June 20222022/520
Schedule 628th June 20222022/520
Section 5728th June 20222022/520
Sections 73 to 7928th June 20222022/520
Section 82, so far as not already in force28th June 20222022/520
Schedule 728th June 20222022/520
Section 90, so far as not already in force28th June 20222022/520
Section 12928th June 20222022/520
Sections 133 and 13428th June 20222022/520
Sections 136 and 13728th June 20222022/520
Section 15228th June 20222022/520
Schedule 1328th June 20222022/520
Sections 155 and 15628th June 20222022/520
Section 167, so far as not already in force28th June 20222022/520
Section 172(1) to (4) and (11)28th June 20222022/520
Section 190, so far as not already in force29th June 20222022/520
Section 19229th June 20222022/520
Sections 62 to 701st August 20222022/520