Section 72 Process for making Criminal Procedure RulesI1

England and Wales

(1)

The Criminal Procedure Rule Committee must, before making Criminal Procedure Rules—

(a)

consult such persons as they consider appropriate, and

(b)

meet (unless it is inexpedient to do so).

(2)

Rules made by the Criminal Procedure Rule Committee must be—

(a)

signed by a majority of the members of the Committee, and

(b)

submitted to the Lord Chancellor.

(3)

F1The Lord Chancellor may F2... allow or disallow rules so made.

(4)

If the Lord Chancellor disallows rules, he must give the Committee written reasons for doing so.

(5)

Rules so made F3and allowed by the Lord Chancellor—

(a)

come into force on such day as the Lord Chancellor directs, and

(b)

are to be contained in a statutory instrument to which the Statutory Instruments Act 1946 (c. 36) applies as if the instrument contained rules made by a Minister of the Crown.

(6)

F4... A statutory instrument containing Criminal Procedure Rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: S. 72(3)(4) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 335(2); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F2: Words in s. 72(3) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 8(3)
F3: Words in s. 72(5) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15, Sch. 4 para. 335(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(aa)
F4: Words in s. 72(6) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)
F5: S. 72(7) repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 146, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 para. 30(b)

Modifications

C1: S. 72(3): functions transferred (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(b) (with art. 7)

Commencement

I1: S. 72 wholly in force at 1.9.2004, see s. 110(1)(2) and S.I. 2004/2066, art. 2(b)(ii) (subject to art. 3)