OpenLegislation

Section 108 Commencement.

England and Wales

P1C1P2P3P4(1)

Subject to subsections (2) and (3), the preceding provisions of this Act shall come into force on such day as the Lord Chancellor F1or Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes and, in the case of section 67(2), for different areas.

(2)

Section 45 shall come into force on the day on which this Act is passed.

(3)

The following provisions shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a)

in Part II, sections 32 to 34,

(b)

Part IV, apart from section 66 and Schedule 9 and sections 67(2) and 71,

(c)

in Part V, sections 74 to 76, 81, 82, 84, 86 and 87 and Schedule 10,

(d)

in Part VI, section 104,

(e)

Schedule 14,

(f)

in Schedule 15, Part III and Part V(1) and (5), apart from the provisions specified in subsection (4), and

(g)

section 107.

(4)

The provisions excepted from subsection (3)(f) are the repeal of section 67(8) of the M1Magistrates’ Courts Act 1980 (and that in Schedule 11 to the M2Children Act 1989) contained in Part V(1) of Schedule 15.

Annotations

Textual amendments

F1

Words in s. 108(1) inserted (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 9, Sch. 2 para. 11(2)

Marginal citations

M1

1980 c.43.

M2

1989 c.41.

Modifications

C1

S. 108(1): certain functions transferred (28.2.2003) to the Scottish Ministers by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2003 (S.I. 2003/415), arts. 1, 2, Sch. (with art. 5)

Subordinate legislation made

P1

S. 108(1): power partly exercised (21.9.1999): different dates appointed for specified provisions by S.I. 1999/2657, arts. 2, 3, 4, Sch. 1, Sch. 2

S. 108(1): power partly exercised (13.12.1999): different dates appointed for specified provisions by S.I. 1999/3344, arts. 2, 3, Sch. 1 (with art. 4, Sch. 2)

S. 108(1): power partly exercised (20.3.2000): 1.4.2000 appointed for specified provisions by S.I. 2000/774, art. 2 (with arts. 3-5)

S. 108(1): power partly exercised (19.7.2000): different dates appointed for specified provisions by S.I. 2000/1920, arts. 2, 3 (with art. 4)

S. 108(1): power partly exercised (13.12.2000): 8.1.2001 appointed for specified provisions by S.I. 2000/3280, art. 2 (with art. 3)

S. 108(1): power partly exercised: 19.2.2001 appointed for specified provisions by S.I. 2001/168, art. 1

S. 108(1) power partly exercised: different dates appointed for specified provisions by S.I. 2001/916, art. 2

S. 108(1) power partly exercised: 25.5.2001 appointed for specified purposes by S.I. 2001/1655, art. 2

P2

S. 108(1) power partly exercised: 31.3.2003 appointed for specified provisions by {S.S.I. 2003/207}, art. 2 (with art. 3)

P3

S. 108(1) power partly exercised: 2.6.2003 appointed for specified provision by {S.I. 2003/1241}, art. 2

P4

S. 108(1) power partly exercised: 1.11.2003 appointed for specified provisions by {S.I. 2003/2571}, art. 2

Notes on Part VII

Modifications

C1

Pt. 7: functions of the Lord Chancellor transferred (19.8.2003) to the Secretary of State by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), art. 4, Sch. 1 (with art. 6)

Pt. 7: functions of the Secretary of State transferred (12.1.2006) to the Lord Chancellor by The Transfer of Functions (Lord Chancellor and Secretary of State) Order 2005 (S.I. 2005/3429), art. 3 (with arts. 4, 5)