Regulation 19 Saved restraint orders

(1)

Chapter 2 of this Part applies in relation to a saved order under—

(a)

section 77 of the Criminal Justice Act 1988^f1 (restraint orders), or

(b)

section 26 of the Drug Trafficking Act 1994^f2 (restraint orders),

as it applies in relation to a restraint order under section 41 of the 2002 Act (restraint orders).

(2)

Accordingly, a reference in Chapter 2 of this Part to a domestic restraint order includes a reference to a saved order of either of those kinds.

(3)

A reference in this regulation to a saved order is a reference to an order as it continues to have effect by virtue of articles 5 and 10 of the Proceeds of Crime Act 2002 (Commencement No 5, Transitional Provisions, Savings and Amendment) Order 2003^f3 (transitional provision and savings: England and Wales).

Annotations

Footnotes

f1: 1988 c. 33; section 77 was repealed by sections 456 and 457 of, and paragraphs 1 and 17 of Schedule 11 and Schedule 12 to, the Proceeds of Crime Act 2002.
f2: 1994 c. 37; section 26 was repealed by sections 456 and 457 of, and paragraphs 1 and 25 of Schedule 11 and Schedule 12 to, the Proceeds of Crime Act 2002.
f3: S.I. 2003/333 (C. 20).