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The Police Reform Act 2002 (Commencement No. 10) Order 2004

S.I. 2004/3338 · Made 14 December 2004

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.

POLICE, ENGLAND AND WALES

Made 14th December 2004

The Secretary of State, in exercise of the powers conferred upon him by section 108(2) of the Police Reform Act 2002f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2002 c. 30.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

This Order may be cited as the Police Reform Act 2002 (Commencement No. 10) Order 2004.

2

The following provisions of Schedule 4 to the Police Reform Act 2002 shall, to the extent not already in force, come into force on 23rd December 2004–

(a)

paragraph 2 (power to detain etc.);

(b)

paragraph 3(2) (power to require name and address of person acting in an anti-social manner); and

(c)

paragraph 4 (power to use reasonable force to detain person).

3

The following provisions of the Police Reform Act 2002 shall come into force on 23rd December 2004–

(a)

section 107 (1) (consequential amendments and repeals) to the extent not already in force and (2) in so far as it relates to the entries in Schedule 8 referred to in paragraph (c) below;

(b)

Schedule 7 (minor and consequential amendments) to the extent not already in force; and

(c)

in Schedule 8 (repeals) the entries relating to–

(i)

the Road Traffic Offenders Act 1988f1;

(ii)

section 42(6)(a) of the Police Act 1997f2;

(iii)

sub-paragraphs (2), (3) and (9) of paragraph 22 of Schedule 4 to the Police (Northern Ireland) Act 1998f3;

(iv)

the Local Government Act 1999f4;

(v)

paragraph 90 of Schedule 27 to the Greater London Authority Act 1999f5; and

(vi)

sections 122(3) and 123(3) of the Criminal Justice and Police Act 2001f6.

Signature

Hazel Blears

Minister of State

Home Office

14th December 2004

Explanatory note

(This note is not part of the Order)

Paragraphs 2(3) to (6), 3(2) and 4 of Schedule 4 to the Police Reform Act 2002 were partially brought into force on 2nd December 2002 (see the Police Reform Act 2002 (Commencement No. 3) Order 2002 (S.I. 2002/2740)). Community Support Officers in the police areas of Devon and Cornwall, Gwent, Lancashire, Northamptonshire, West Yorkshire and the metropolitan police district were given powers to detain people for 30 minutes, using reasonable force if necessary, in specified circumstances. Article 2 of the Order brings the power into force in the remaining police areas in England and Wales on 23rd December 2004.

Article 3 of the Order brings into force in England and Wales on 23rd December 2004 a number of minor and consequential amendments and repeals.