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The Crime and Courts Act 2013 (Commencement No. 2 and Saving Provision) Order 2013

S.I. 2013/1682 · Made 4 July 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.

Extradition

National Crime Agency

Police

Made 4th July 2013

The Secretary of State, in exercise of the powers conferred by sections 60 and 61(2) of the Crime and Courts Act 2013f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2013 c. 22.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 29th July 2013
  3. 3Provisions coming into force on 7th October 2013
  4. 4Saving provision
  5. Signature
  6. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 2 and Saving Provision) Order 2013.

(2)

In this Order—

  • “the Act” means the Crime and Courts Act 2013;

  • “the 2003 Act” means the Extradition Act 2003f1;

  • “High Court” has the same meaning as in section 216(9) of the 2003 Act.

2Provisions coming into force on 29th July 2013

(1)

The day appointed for the coming into force of the following provisions of the Act is 29th July 2013—

(a)

section 50 for the purposes of sub-paragraph (b) of this paragraph; and

(b)

paragraphs 16 to 29 of Schedule 20.

(2)

The day appointed for the coming into force in England and Wales of the following provisions of the Act is 29th July 2013—

(a)

section 50 for the purposes of sub-paragraph (b) of this paragraph; and

(b)

paragraphs 10 to 15 of Schedule 20.

3Provisions coming into force on 7th October 2013

The day appointed for the coming into force of the following provisions of the Act is 7th October 2013—

(a)

section 1(3) to (11);

(b)

section 1(12) together with Schedule 1, to the extent not already in force;

(c)

section 2;

(d)

section 4(1);

(e)

section 4(10) together with Schedule 2, to the extent not already in force;

(f)

section 5(1) to (9), (11) and (12);

(g)

section 5(10) together with Schedule 3, to the extent not already in force;

(h)

section 6(1), (3) and (4);

(i)

section 7;

(j)

section 8(1) to (5);

(k)

section 8(6) together with Schedule 4, to the extent not already in force;

(l)

section 9(1) to (3) and (5) to (8);

(m)

section 9(4) together with Schedule 5, to the extent not already in force;

(n)

section 10;

(o)

sections 11(1) to (5), (7) and (8);

(p)

section 11(6) to the extent not already in force;

(q)

section 11(9) together with Schedule 6, to the extent not already in force;

(r)

section 12 together with Schedule 7;

(s)

section 13;

(t)

section 15(1) and (2);

(u)

section 15(3) for the purposes of sub-paragraph (v) of this article; and

(v)

paragraphs 6 to 10, 12 to 100, and 104 to 190 of Schedule 8.

4Saving provision

(1)

The commencement of paragraph 17 of Schedule 20 to the Act is of no effect where a person’s discharge at an extradition hearing, within the meaning given in section 68 of the 2003 Act, is ordered before 29th July 2013.

(2)

The commencement of paragraph 18 of Schedule 20 to the Act is of no effect where the hearing of an appeal to the Supreme Court commences before 29th July 2013.

(3)

The commencement of paragraph 19 of Schedule 20 to the Act is of no effect where a person’s discharge is ordered by the High Court before 29th July 2013.

(4)

The commencement of paragraph 21 of Schedule 20 to the Act is of no effect where the hearing of an appeal to the High Court, brought under section 26 of the 2003 Act, commences before 29th July 2013.

(5)

The commencement of paragraph 23 of Schedule 20 to the Act is of no effect where a person’s discharge at an extradition hearing, within the meaning given in section 140 of the 2003 Act, is ordered before 29th July 2013.

(6)

The commencement of paragraph 24 of Schedule 20 to the Act is of no effect where a person’s discharge is ordered by the Scottish Ministers under section 101 of the 2003 Act before 29th July 2013.

(7)

The commencement of paragraph 25 of Schedule 20 to the Act is of no effect where a person’s discharge by the High Court on an appeal under section 103 or 108 of the 2003 Act is ordered before 29th July 2013.

(8)

The commencement of paragraph 27 of Schedule 20 to the Act is of no effect where the hearing of an appeal to the High Court, brought under section 103, 108 or 110 of the 2003 Act, commences before 29th July 2013.

(9)

The commencement of paragraph 28 of Schedule 20 to the Act is of no effect where the hearing of an appeal to the Supreme Court commences before 29th July 2013.

Signature

Jeremy Browne

Minister of State

Home Office

4th July 2013

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings into force, on 29th July 2013, parts of Schedule 20 to the Crime and Courts Act 2013 (“the Act”), which deals with extradition. It brings into force Part 3 of that Schedule, which relates to devolution issues in Scotland. It also brings into force, for England and Wales, Part 2 of that Schedule, which relates to human rights issues.

Article 3 of this Order brings into force, on 7th October 2013, Part 1 of the Act, together with the related Schedules, except for paragraph 11 of Schedule 8 and those provisions that are already in force. Part 1 of the Act abolishes the Serious Organised Crime Agency and the National Policing Improvement Agency and establishes the National Crime Agency.

Article 4 of this Order makes saving provision in relation to extradition proceedings in Scotland.