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Statutory Instruments

2001 No. 919 (C. 33)

CHILDREN AND YOUNG PERSONS, ENGLAND AND WALES

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

FAMILY LAW, ENGLAND AND WALES

The Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001

Made

8th March 2001

In exercise of the powers conferred on him by sections 76(4) and 80 of the Criminal Justice and Court Services Act 2000( 1 ), the Secretary of State hereby makes the following Order:

1. This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001.

2. The following provisions of the Criminal Justice and Court Services Act 2000 shall come into force on 1st April 2001β€”

(a) Chapters I and II of Part I (the new services) and sections 18, 23, 24 and 25;

(b) sections 43, 44, 45 (renaming certain community orders), 54 (breach of community orders: failure to answer summons) and 55 (regulation of community orders);

(c) sections 67, 68 (arrangements for assessing etc. risks posed by certain offenders) and 69 (duties of local probation boards in connection with victims of certain offences);

(d) section 73 (parenting orders: responsible officer);

(e) Schedules 1, 2 and 3;

(f) in Schedule 7 (minor and consequential amendments)β€”

(i) Part I;

(ii) paragraphs 6, 37, 38, 40 to 53, 57, 58, 61, 71, 72, 74, 75, 79 to 82, 84 to 97, 99, 100, 102, 103, 110, 111(a), 116 to 118, 120 to 126, 131 to 133, 141, 143, 150 to 153, 160, 166, 168, 169, 171, 174, 175, 195, 198, 200 and 205 to 210;

(iii) in paragraph 197, sub-paragraph (b) and the definitions of β€œcommunity rehabilitation period” and β€œlocal probation board” in sub-paragraph (f);

(iv) in paragraph 199, sub-paragraph (1), sub-paragraph (2)(b) save in so far as it relates to exclusion and drug abstinence orders, sub-paragraphs (3) and (4), sub-paragraph (5) save in so far as it relates to exclusion and drug abstinence orders, sub-paragraph (10) in so far as it substitutes the cross-heading preceding paragraph 7 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000( 2 ), sub-paragraphs (14) to (18) and (20), paragraphs (a)(iii) and (e) of sub-paragraph (21) save in so far as they relate to exclusion orders and sub-paragraphs (22), (23) and (27);

(v) paragraph 203(1); and

(vi) paragraph 203(2) in so far as it relates to paragraphs 34(a), 153, 154, 155 and 156 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000;

(g) the entries in Schedule 8 (repeals) relating to the enactments referred to in the left hand column of the following table in so far as they deal with the provisions referred to in the right hand column.

Chapter Short Title Relevant Provision
1959 c. 45 Metropolitan Magistrates' Courts Act 1959

Section 3

Section 4(2)

1969 c. 54 Children and Young Persons Act 1969

Section 46(1)

Paragraph 9(2)(a) of Schedule 3

1972 c. 70 Local Government Act 1972 Paragraph 2(a) of Part I of Schedule 12A
1974 c. 23 Juries Act 1974 Part I of Schedule 1
1976 c. 36 Adoption Act 1976 Sections 65(1)(b) and 65A
1980 c. 43 Magistrates' Courts Act 1980 Section 72
1983 c. 41 Health and Social Services and Social Security Adjudications Act 1983 Section 10(16)
1989 c. 41 Children Act 1989 Sections 16, 31, 41 and 58, paragraph 9 of Schedule 3 and paragraph 29 of Schedule 10
1990 c. 41 Courts and Legal Services Act 1990

Paragraphs 7 and 17 of Schedule 16

Paragraph 25 of Schedule 18

1993 c. 47 Probation Service Act 1993 The whole Act
1994 c. 19 Local Government (Wales) Act 1994 Paragraph 109 of Schedule 16
1994 c. 33 Criminal Justice and Public Order Act 1994 Paragraphs 72 and 73 of Schedule 10
1998 c. 37 Crime and Disorder Act 1998 Paragraph 110 of Schedule 8
1999 c. 22 Access to Justice Act 1999

Paragraphs 17 and 41 to 45 of Schedule 10

Paragraphs 15 and 42 of Schedule 11

1999 c. 29 Greater London Authority Act 1999 Section 326
2000 c. 6 Powers of Criminal Courts (Sentencing) Act 2000

Section 46(13)

Section 47(5)

Section 64(2)

Section 163

Paragraph 34(a) and paragraphs 153 to 156 of Schedule 9

2000 c. 21 Learning and Skills Act 2000 Section 121

3. β€”(1) For the year ending 31st March 2001 the amendments to the Audit Commission Act 1998( 3 ) brought into force by article 2(e) above shall have effect to require each local probation board to arrange to make up and approve the accounts in accordance with the requirements of the Audit Commission Act 1998 and the Accounts and Audit Regulations 1996( 4 ) (which have effect as if made under that Act) of any probation committee whose probation area forms, immediately before the creation of that local board, all or part of its area.

(2) In this article, β€œprobation committee” means a probation committee constituted under section 3 of the Probation Service Act 1993( 5 ) as it has effect immediately before 1st April 2001.

4. In consequence of article 2(f)(iv) above (which brings into force provisions which alter the terminology in Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000), and until paragraph 199(10) of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force for all purposes, paragraph 7(4) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 shall have effect as if the reference to β€œcommunity service orders” were a reference to β€œcommunity punishment orders” and as if the reference to β€œany other community service order” were a reference to β€œany other community punishment order”.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

8th March 2001

( 1 )

2000 c. 43 .

( 2 )

2000 c. 6 .

( 3 )

1998 c. 18 .

( 4 )

S.I. 1996/590 .

( 5 )

1993 c. 47 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001 (2001/919)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
any other community punishment orderUnknownany_other__rtHMnlN
any other community service orderUnknownany_other__rtN8VCE
community punishment ordersUnknowncommunity__rtth1EJ
community rehabilitation periodUnknowncommunity__rthdEM4alert
community service ordersUnknowncommunity__rtHov1X
local probation boardUnknownlocal_prob_rtyOkpAalert
probation committeeUnknownprobation__rtrAtxT

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