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The Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008

S.I. 2008/3260 · Made 18 December 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Rehabilitation Of Offenders, Englandandwales

Police, England And Wales

Criminal Law, England

Made 18th December 2008

The Secretary of State, in exercise of the powers conferred by section 153(5)(a) and (7) of the Criminal Justice and Immigration Act 2008f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2008 c.4.

Contents

  1. 1Citation and interpretation
  2. 2Appointed Dates
  3. Signature
  4. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008.

(2)

In this Order, “the 2008 Act” means the Criminal Justice and Immigration Act 2008.

2Appointed Dates

(1)

The date appointed for the coming into force of the following provisions of the 2008 Act is the day after the day on which this Order is made —

(a)

section 49 (Protection for spent cautions under Rehabilitation of Offenders Act 1974);

(b)

section 50 (Criminal conviction certificates and criminal record certificates);

(c)

section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as it relates to the entries in sub-paragraph (e);

(d)

Schedule 10 (protection for spent cautions under Rehabilitation of Offenders Act 1974); and

(e)

paragraphs 19 and 20 of Schedule 27 (Consequential etc. amendments and transitional and saving provision).

(2)

The date appointed for the coming into force of the following provisions of the 2008 Act in relation to English NHS premises is 1st January 2009—

(a)

section 119(4) (Offence of causing nuisance or disturbance on NHS premises);

(b)

section 120(5) and (6) (Power to remove person causing nuisance or disturbance); and

(c)

section 121(1) to (3), (5) and (6) (Guidance about the power to remove etc.).

Signature

Signed by the authority of the Secretary of State

Maria Eagle

Parliamentary Under Secretary of State

Ministry of Justice

18th December 2008

Explanatory note

(This note is not part of the Order)

This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c.4) set out in article 2(1) on the day after this Order is made. The provisions detailed in article 2(2) come into force on 1 January 2009.

The provisions specified in article 2(2) are commenced in relation to English NHS premises only. Commencement of these provisions in relation to Welsh NHS premises is a matter for the Welsh Ministers.