OpenLegislation

The Violent Crime Reduction Act 2006 (Commencement No. 2) Order 2007

S.I. 2007/858 · Made 14 March 2007

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.

criminal law

Made 14th March 2007

The Secretary of State being the relevant national authority under section 66(3)(b) makes the following Order in exercise of the powers conferred by section 66(2) of the Violent Crime Reduction Act 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 38.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Commencement
  4. Signature
  5. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Violent Crime Reduction Act 2006 (Commencement No. 2) Order 2007.

(2)

In this Order “the 2006 Act” means the Violent Crime Reduction Act 2006.

2Commencement

The following provisions of the 2006 Act shall come into force on 6th April 2007—

(a)

sections 23 and 24 (persistently selling alcohol to children);

(b)

section 26 (designated public places);

(c)

sections 28 to 29 (dangerous weapons);

(d)

section 30 (minimum sentences for certain firearms offences);

(e)

section 31(3) (prohibition on sale or transfer of air weapons except by registered dealers) in so far as it makes provision for the interpretation of the following provisions of the Firearms Act 1968f1—

(i)

sections 33 to 39 and 45;

(ii)

section 56 in so far as that provision applies to a notice required or authorised by section 36 or 38 of that Act;

(iii)

Schedule 5; and

(iv)

the definition of “registered” in section 57(4) as that term applies to the provisions in paragraphs (i) to (iii);

(f)

section 35 (restriction on sale and purchase of primers);

(g)

section 49 and Schedule 1 (consequential amendments relating to minimum sentences);

(h)

section 50 (supplemental provisions for Part 2) to the following extent—

(i)

subsections (1), (2) and (5);

(ii)

subsection (3) in so far as it makes provision for sections 46, 51(4), 52 and 58 of the Firearms Act 1968 to apply as if sections 28, 29 and 35 of the 2006 Act were contained in that Act; and

(iii)

in subsection (4), paragraphs (a) and (b) and, in so far as it relates to sections 28 and 29 of the 2006 Act, paragraph (d);

(i)

section 51 in so far as it relates to the entries in Schedule 2 (weapons etc.: corresponding provisions for Northern Ireland) referred to in sub-paragraph (j);

(j)

in Schedule 2—

(i)

paragraphs 1 to 3; and

(ii)

in paragraph 14—

(aa)

sub-paragraphs (1) and (2);

(bb)

sub-paragraph (3) in so far as it makes provision for articles 52, 69(4), 72 and 81 of the Firearms (Northern Ireland) Order 2004f2 to apply as if paragraphs 1 and 2 of Schedule 2 to the 2006 Act were contained in that Order; and

(cc)

sub-paragraph (4)(b) in so far as it relates to paragraphs 1 and 2 of Schedule 2 to the 2006 Act;

(k)

sections 52 and 53 and Schedule 3 (football);

(l)

section 62 (offering or agreeing to re-programme a mobile telephone);

(m)

section 65 (repeals) in so far as it relates to the entries in Schedule 5 (repeals) referred to in sub-paragraph (n); and

(n)

in Schedule 5 (repeals) the entries relating to—

(i)

section 51A(1)(a)(i) of the Firearms Act 1968;

(ii)

the Magistrates’ Courts Act 1980f3;

(iii)

the Mental Health Act 1983f4;

(iv)

section 36(2)(b) of the Criminal Justice Act 1988f5;

(v)

the Football Spectators Act 1989f6;

(vi)

section 166 of the Criminal Justice and Public Order Act 1994f7;

(vii)

the Data Protection Act 1998f8;

(viii)

section 51A(12) of the Crime and Disorder Act 1998f9;

(ix)

the Football (Offences and Disorder) Act 1999f10;

(x)

paragraph 158 of Schedule 13 to the Access to Justice Act 1999f11;

(xi)

section 164(3) of the Powers of Criminal Courts (Sentencing) Act 2000f12;

(xii)

the Football (Disorder) Act 2000f13;

(xiii)

the Football (Disorder) (Amendment) Act 2002f14;

(xiv)

the Mobile Telephones (Re-programming) Act 2002f15;

(xv)

section 37(3) of the Anti-social Behaviour Act 2003f16;

(xvi)

paragraph 331 of Schedule 8 to the Courts Act 2003f17; and

(xvii)

section 150 of, and paragraph 41 of Schedule 26 to, the Criminal Justice Act 2003f18.

3Commencement

The following provisions of the 2006 Act shall come into force on 31st May 2007—

(a)

section 45 (power of members of staff to search school pupils for weapons) in so far as it extends to England;

(b)

section 46 (power to search further education students for weapons) in so far as it extends to England;

(c)

section 48 (amendment of police power to search schools etc. for weapons);

(d)

section 51 in so far as it relates to the entry in Schedule 2 (weapons etc.: corresponding provisions for Northern Ireland) referred to in sub-paragraph (e);

(e)

paragraph 13 of Schedule 2; and

(f)

section 58 (power of entry and search of relevant offender’s home address).

Signature

Tony McNulty

Minister of State

Home Office

14th March 2007

Explanatory note

(This note is not part of the Order)

This Order brings into force on 6th April 2007 the provisions of the Violent Crime Reduction Act 2006 which are listed in article 2 and brings into force on 31st May 2007 the provisions of that Act which are listed in article 3. The provisions in article 3(a) and (b) are only commenced in England.