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The Policing and Crime Act 2017 (Commencement No. 4 and Saving Provisions) Regulations 2017

S.I. 2017/1017 · Made 24 October 2017

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

Mental Health, England And Wales

Senior Courts Of England And Wales

Magistrates’ Courts, England And Wales

Made 24th October 2017

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 183(1) and (9) of the Policing and Crime Act 2017f1:

Annotations to the whole text

Footnotes

f1

2017 c.3 (“the Act”).

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 13th November 2017
  3. 3Provisions coming into force on 11th December 2017
  4. 4Saving provisions in relation to powers under the Mental Health Act 1983
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 4 and Saving Provisions) Regulations 2017.

(2)

In these Regulations “the Act” means the Policing and Crime Act 2017.

2Provisions coming into force on 13th November 2017

The day appointed for the coming into force of section 162 of the Act (requirement to give information in criminal proceedings) is 13th November 2017.

3Provisions coming into force on 11th December 2017

The day appointed for the coming into force of the following provisions of the Act is 11th December 2017—

(a)

section 80 (extension of powers under sections 135 and 136 of the Mental Health Act 1983), in so far as not already in forcef1;

(b)

section 81 (restrictions on places that may be used as places of safety), in so far as not already in force;

(c)

section 82 (periods of detention in places of safety etc); and

(d)

section 83 (protective searches: individuals removed etc under section 135 or 136 of the Mental Health Act 1983).

4Saving provisions in relation to powers under the Mental Health Act 1983

(1)

Despite the coming into force of sections 80 to 83 of the Act in accordance with regulation 3, the amendments made by those sections do not apply in relation to a person where—

(a)

the warrant authorising the removal of that person under section 135 of the Mental Health Act 1983f1 was issued before 11th December 2017; or

(b)

the removal of that person to a place of safety under section 136 of the Mental Health Act 1983f2 started before 11th December 2017.

Signature

Sarah Newton

Parliamentary Under Secretary of State

Home Office

24th October 2017

Explanatory note

(This note is not part of the Regulations)

These Regulations bring into force specified provisions of the Policing and Crime Act 2017 (“the Act”), and make saving provisions in relation to the coming into force of certain of those provisions. They are the fourth commencement regulations under the Act. Other provisions of the Act were brought into force on Royal Assent by section 183(5) of the Act or commenced on 31st March 2017 by virtue of section 183(6) of the Act.

Regulation 2 provides for the commencement of section 162 of the Act, which amends the Courts Act 2003, on 13th November 2017.

Regulation 3 provides for the commencement, so far as they are not already in force, of sections 80 to 83 of the Act, which amend the Mental Health Act 1983, on 11th December 2017.

Regulation 4 makes saving provision to ensure that the amendments to the Mental Health Act 1983 commenced by regulation 3 do not apply in relation to a person if the warrant authorising their removal under section 135 of the Mental Health Act 1983 was issued, or their removal to a place of safety under section 136 of that Act started, before 11th December 2017.