OpenLegislation

Paragraph 3 F1F2

(1)

The repeal of the PTA 2005 by this Act does not, after commencement, prevent or otherwise affect—

(a)

the court's consideration of a reference made under section 3(3)(a) of the PTA 2005 before commencement;

(b)

the holding or continuation of any hearing in pursuance of directions under section 3(2)(c) or (6)(b) or (c) of the PTA 2005;

(c)

the bringing or continuation of any appeal under section 10(1) or (3) of the PTA 2005;

(d)

the bringing or continuation of any appeal, or further appeal, relating to a decision in any proceedings mentioned in any of sub-paragraphs (a) to (c) of this sub-paragraph; or

(e)

the bringing or continuation of any proceedings for an award of damages or other relief arising out of any such proceedings.

(2)

But, after commencement, proceedings mentioned in any of sub-paragraphs (a) to (d) of sub-paragraph (1) (whether the proceedings began before or after commencement) may not have a purpose other than determining whether one or more of the following should be quashed—

(a)

a certificate of the kind mentioned in section 3(8) of the PTA 2005;

(b)

a control order;

(c)

the renewal of a control order; or

(d)

an obligation imposed by a control order.

(3)

Except as permitted by sub-paragraphs (1) and (2), no control order proceedings (within the meaning of section 11(6) of the PTA 2005) may be entertained after commencement.

Annotations

Textual amendments

F1

Word in Sch. 6 para. 10(1)(a)(ii) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 32(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)

F2

Words in Sch. 6 para. 14 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(b)