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The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) (Amendment No. 2) Order 2009

S.I. 2009/3111 · Made 26 November 2009

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 26th November 2009

Coming into force 30th November 2009

The Secretary of State, in exercise of the powers conferred by sections 330(4)(b) and 336(3) and (4) of the Criminal Justice Act 2003f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c.44.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) (Amendment No. 2) Order 2009 and shall come into force on 30 November 2009.

2Amendments to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005

The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005f1 is amended as follows—

(a)

in article 2(1), omit the words “paragraph (2) and”;

(b)

omit article 2(2);

(c)

omit article 4;

(d)

for paragraph 7 of Schedule 2 substitute—

“7 Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008f2, paragraphs 8 to 10 shall have effect in relation to—

(a)

any offence committed before 30 November 2009; or

(b)

any failure to comply with an order made in respect of an offence committed before 30 November 2009.”;

(e)

in paragraph 11 of Schedule 2, for the words down to and including “article 4 of this Order,” substitute “Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008 in relation to any offence committed before 30 November 2009 or any failure to comply with an order made in respect of an offence committed before 30 November 2009,”; and

(f)

in paragraph 12 of Schedule 2, for the words down to and including “article 2(2) of this Order,” substitute “Notwithstanding the coming into force of section 1 of the Criminal Justice and Immigration Act 2008, in relation to any offence committed before 30 November 2009 or any failure to comply with an order made in respect of an offence committed before 30 November 2009,”.

3Revocation

The Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) (Amendment) Order 2009f1 is revoked.

Signature

Signed by the authority of the Secretary of State

Maria Eagle

Minister of State

Ministry of Justice

26th November 2009

Explanatory note

(This note is not part of the Order)

Article 2 of this Order amends the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (“the Commencement Order”). It omits references to provisions in the Criminal Justice Act 2003 relating to community orders which, as enacted, were originally intended to apply to 16 and 17 year olds. As from 30 November 2009 the provisions relating to youth rehabilitation orders in section 1 of the Criminal Justice and Immigration Act 2008 (c.4) will apply to persons under 18 years. Consequential changes to the transitional and saving provisions in respect of community orders are made to Schedule 2 of the Commencement Order.

Article 3 revokes an earlier amending instrument.