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Statutory Instruments

2006 No. 2138

CRIMINAL LAW, ENGLAND AND WALES

The Crime and Disorder Act 1998 (Intervention Orders) Order 2006

Made

1st August 2006

Laid before Parliament

3rd August 2006

Coming into force

1st October 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 1G (1)(c) and (9) to (11) of the Crime and Disorder Act 1998( 1 ) :

Citation, commencement, interpretation and application

1. —(1) This Order may be cited as the Crime and Disorder Act 1998 (Intervention Orders) Order 2006 and shall come into force on 1 st October 2006.

(2) In this Order “the Act” means the Crime and Disorder Act 1998.

(3) This Order extends to England and Wales.

Persons to be consulted by relevant authority

2. —(1) The persons with whom the relevant authority is to consult for the purposes of section 1G(1)(c) of the Act (consultation prior to applying for an intervention order) are—

(a) a National Health Service Trust;

(b) a Primary Care Trust;

(c) a National Health Service Foundation Trust; and

(d) a local authority, where it is not the relevant authority,

concerned with the provision of appropriate activities within the area in which it appears that the defendant resides or will reside.

(2) The reference in paragraph (1) to a local authority is a reference to—

(a) in England, the council of a county, district or London borough, the City of London, the Isle of Wight and the Isles of Scilly, and

(b) in Wales, the council of a county or county borough.

Person responsible for provision or supervision of appropriate activities

3. The description of person for the purposes of section 1G(9) of the Act (person responsible for the provision or supervision of appropriate activities) is a trust or authority referred to in article 2 which—

(a) provides or supervises or,

(b) arranges for the provision or supervision of,

the appropriate activities under the intervention order, as the case may be.

Appropriate activities and appropriately qualified persons

4. For the purposes of section 1G(10) of the Act

(a) appropriate activities” are such activities as are involved in the provision of the drug misuse treatment services under the “Models of care for treatment of adult drug users” as, for the time being, approved by the Secretary of State and published by the National Treatment Agency, and

(b) an “appropriately qualified person” is a fully registered medical practitioner, within the meaning given by section 55(1) of the Medical Act 1983( 2 ), employed by a trust referred to in article 2 as a specialist in the treatment of substance misuse or addiction, including drug misuse or addiction.

Joan Ryan

Parliamentary Under Secretary of State

Home Office

1st August 2006

( 1 )

1998 c.37 . Section 1G was inserted by section 20(1) of the Drugs Act 2005 (c.17) .

( 2 )

1983 c.54 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Crime and Disorder Act 1998 (Intervention Orders) Order 2006 (2006/2138)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
appropriate activitiesart. 4.appropriat_rtamthM
appropriately qualified personart. 4.appropriat_rtDuUoR
the Actart. 1.the_Act_rtIoz9g
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

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