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The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) (No. 2) Order 2013

S.I. 2013/1579 · Made 27 June 2013

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, England And Wales

Made 27th June 2013

Laid before Parliament 28th June 2013

Coming into force 1st July 2013

The Secretary of State makes the following Order in exercise of the powers conferred by section 3(1) and 10A(2)(b) of the Criminal Justice and Police Act 2001f1:

Annotations to the whole text

Footnotes

f1

2001 c.16; section 3 has been amended by section 87(1) and (4) of the Anti-social Behaviour Act 2003 (c.38), section 109(1) and paragraph 397 of Schedule 8 to the Courts Act 2003 (c.39), section 15 of the Domestic Violence, Crime and Victims Act 2004 (c.28), S.I. 2004/2540, S.I. 2010/64 and section 132 and paragraph 5 of Schedule 23 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10). Section 10A was inserted by section 132 and paragraph 11 of Schedule 23 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10).

Contents

  1. 1Citation and commencement
  2. 2Revocation
  3. 3Amendments to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002
  4. 4Saving provision
  5. Signature
  6. Explanatory note

1Citation and commencement

This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) (No. 2) Order 2013 and comes into force on 1st July 2013.

2Revocation

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2013f1 is revoked.

3Amendments to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002

(1)

The Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002f1 is amended as follows.

(2)

In article 2 (amount of penalty payable in respect of a penalty offence)f2—

(a)

in paragraph (a), for “£80” substitute “£90”; and

(b)

in paragraph (b), for “£50” substitute “£60”.

(3)

In the heading of Part 1 of the Schedulef3, for “£80” substitute “£90”.

(4)

In the heading of Part 2 of the Schedulef4, for “£50” substitute “£60”.

4Saving provision

The amendments made by article 3 are of no effect in relation to an offence alleged to have been committed before 1st July 2013.

Signature

Signed by authority of the Secretary of State

Lord McNally

Minister of State

Ministry of Justice

27th June 2013

Explanatory note

(This note is not part of the Order)

This Order is made under section 3(1) of the Criminal Justice and Police Act 2001 (c.16) and amends the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 (S.I. 2002/1837) (“the 2002 Order”).

Article 3 of this Order amends the 2002 Order with the effect that the penalties payable in respect of penalty offences are increased. The term “penalty offence” is defined in section 1 of the Criminal Justice and Police Act 2001. This Order raises the penalties by £10; from £80 to £90 in the case of a penalty offence falling within Part 1 of the Schedule to the 2002 Order; and from £50 to £60 in the case of a penalty offence falling within Part 2 of the Schedule to the 2002 Order.

Article 4 provides that the amendments to the 2002 Order in article 3 will not apply to an offence alleged to have been committed before 1st July 2013. The amounts specified in the 2002 Order applicable before that date will continue to apply in respect of that conduct.

This Order supersedes the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2013 (S.I. 2013/1165) and is being issued free of charge to all known recipients of that Order.