Statutory Instruments
2002 No. 344 (C. 7)
CRIMINAL LAW
POLICE
The Criminal Justice and Police Act 2001 (Commencement No. 4 and Transitional Provisions) Order 2002
Made
16th February 2002
In exercise of the powers conferred upon him by sections 109, 116(7), 119(7) and 138(2) of the Criminal Justice and Police Act 2001( 1 ), the Secretary of State hereby makes the following Order:
Citation and interpretation
1. β(1) This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 4 and Transitional Provisions) Order 2002.
(2) In this Orderβ
βthe 1997 Actβ means the Police Act 1997( 2 );
βthe 2001 Actβ means the Criminal Justice and Police Act 2001.
Commencement on 1st March 2002
2. The following provisions of the 2001 Act shall come into force on 1st March 2002β
(a) section 1 (offences leading to penalties on the spot), for the purpose of making orders;
(b) section 3 (amount of penalty and form of penalty notice);
(c) section 131 (monitoring of compliance with bail conditions); and
(d) section 132 (monitoring of compliance with conditions of non-secure remand).
Commencement on 1st April 2002
3. The following provisions of the 2001 Act shall come into force on 1st April 2002β
(a) sections 33 to 37 (travel restrictions on drug trafficking offenders) in so far as not already in force;
(b) section 104 (vice chairmen) in so far as not already in force;
(c) section 106 (removal of age qualification for membership) in so far as not already in force;
(d) section 107(1)(c) and (4) (payment of allowances to NCIS and NCS Service Authority members);
(e) section 108 (number and appointment of members of NCS and NCIS Service Authorities);
(f) section 112 (duty of NCIS Service Authority to prepare accounts);
(g) section 115 (duty of NCS Service Authority to prepare accounts);
(h) sections 116(1) to (6), 117, 118, 119(1) to (6), 120 and 121 (appointment and removal of Directors General and members of NCIS and NCS);
(i) section 126 (pensions for members of NCIS and NCS);
(j) section 137 (repeals) in so far as it relates to the entries in Schedule 7 referred to in paragraphs (l) and (m) below;
(k) Schedule 6, in so far as not already in force save for paragraph 4 of the new Schedule 2A to the 1997 Act inserted by paragraph 21 of Schedule 6;
(l) in Schedule 7, Part 4, the entries relating to the 1997 Act; and
(m) Schedule 7, Part 5, in so far as not already in force.
Transitional provisions relating to NCIS and NCS
4. β(1) The persons who are members of one or both of the Service Authorities for the National Criminal Intelligence Service and the National Crime Squad immediately before 1st April 2002 shall, unless reappointed with effect from that date, be treated as having resigned, in accordance with Schedule 2 to the 1997 Act( 3 ), at that time.
(2) Any appointment of a person as the Director General of the National Criminal Intelligence Service pursuant to section 6 of the 1997 Act( 4 ) or as Director General of the National Crime Squad pursuant to section 52 of that Act( 5 ) which is in force immediately before 1st April 2002 shall continue to have effect as from that date.
John Denham
Minister of State
Home Office
16th February 2002
Relevant amendments to Schedule 2 were made by the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc. ) Order 1999 (S.I. 1999/1747 ).
Section 6 was amended by the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 (S.I. 1999/1747 ); section 74(1) of the Police (Northern Ireland) Act 1998 (c. 32) ; and section 106 of the Access to Justice Act 1999 (c. 22) .
Section 52 was amended by section 74 of the Police (Northern Ireland) Act 1998 and section 106 of the Access to Justice Act 1999.