Statutory Instruments
2006 No. 3365
police, england and wales
The Police and Justice Act 2006 (Supplementary and Transitional Provisions) Order 2006
Made
14th December 2006
Laid before Parliament
18th December 2006
Coming into force
15th January 2007
The Secretary of State makes the following Order in exercise of the powers conferred by section 51 of the Police and Justice Act 2006( 1 ).
Citation, commencement and interpretation
1. —(1) This Order may be cited as the Police and Justice Act 2006 (Supplementary and Transitional Provisions) Order 2006 and shall come into force on 15th January 2007.
(2) In this Order—
“the 1996 Act” means the Police Act 1996( 2 );
“the 2006 Act” means the Police and Justice Act 2006; and
“the 2006 Order” means the Police and Justice Act 2006 (Commencement No. 1, Transitional and Saving Provisions) Order 2006( 3 ).
Supplementary and transitional provision
2. —(1) In relation to any time during which, notwithstanding the substitution of Schedule 2 to the 1996 Act made by paragraph 2 of Schedule 2 to the 2006 Act, any provision of the current Schedule 2 to the 1996 Act (police authorities established under section 3) continues in force by virtue of article 3(1) of the 2006 Order( 4 )—
(a) paragraphs 15 and 16 of current Schedule 2( 5 ) to the 1996 Act (tenure of office of police authority members) shall have effect subject to paragraph (2); and
(b) paragraphs 13(2)( 6 ) and 18(2)( 7 ) of current Schedule 2 to the 1996 Act (disqualification and tenure of office of police authority members) shall have effect subject to article 4.
(2) Notwithstanding that, in accordance with paragraphs 15 and 16 of current Schedule 2 to the 1996 Act, the term of appointment of a lay justice member of a police authority established under section 3 of the 1996 Act (establishment of police authorities for certain police areas) expires on or after 15th January 2007, that appointment shall be extended to 31st March 2008.
3. —(1) In relation to any time during which, notwithstanding the substitution of Schedule 2A to the 1996 Act made by paragraph 4 of Schedule 2 to the 2006 Act, any provision of the current Schedule 2A to the 1996 Act (Metropolitan Police Authority) continues in force by virtue of article 3(2) of the 2006 Order( 8 )—
(a) paragraphs 10 and 11 of current Schedule 2A( 9 ) to the 1996 Act (tenure of office of members of Metropolitan Police Authority) shall have effect subject to paragraph (2); and
(b) paragraphs 8(2) and 13(3)( 10 ) of current Schedule 2A to the 1996 Act (disqualification and tenure of office of members of Metropolitan Police Authority) shall have effect subject to article 4.
(2) Notwithstanding that, in accordance with paragraphs 10 and 11 of current Schedule 2A to the 1996 Act, the term of appointment of a lay justice member of the Metropolitan Police Authority expires on or after 15th January 2007, that appointment shall be extended to 2nd July 2008.
4. The appointment of a lay justice member of a police authority established under section 3 of the 1996 Act or the Metropolitan Police Authority shall be extended by virtue of article 2 or 3 notwithstanding the fact that on or after 15th January 2007 he ceases to be a lay justice assigned to a local justice area wholly or partly within the authority’s area by virtue of his name being entered in the supplemental list in accordance with section 13 of the Courts Act 2003 (entry of names in the supplemental list)( 11 ) and notwithstanding the fact that his principal place of work or residence is consequently no longer in the police area of that police authority.
5. Nothing in this Order affects the application of any other part of current Schedule 2 or 2A to the 1996 Act to a lay justice member of a police authority established under section 3 of that Act or the Metropolitan Police Authority.
Tony McNulty
Minister of State
Home Office
14th December 2006
S.I. 2006/.
Article 3(1) of the 2006 Order provides that, notwithstanding the coming into force of paragraph 2 of Schedule 2 to the 2006 Act on 15th January 2007 and the substitution of Schedule 2 to the 1996 Act made by that paragraph, current Schedule 2 to the 1996 Act shall continue in force until 31st March 2008, save that paragraphs 1 to 8 (making of appointments) shall only apply to appointments that take effect before 1st April 2008.
Paragraph 16 of Schedule 2 to the 1996 Act has been amended by section 137 of, and Schedule 7 to, the Criminal Justice and Police Act 2001 (c. 16) . Schedule 2 to the 1996 Act has been substituted by a new Schedule 2 inserted by paragraph 2 of Schedule 2 to the Police and Justice Act 2006 but that substitution is not yet in force.
Paragraph 13(2) of Schedule 2 to the 1996 Act has been amended by section 106(2) of the Criminal Justice and Police Act 2001.
Paragraph 18(2) of Schedule 2 to the 1996 Act has been substituted by section 109(1) of, and paragraph 373 of Schedule 8 to, the Courts Act 2003 (c. 39) .
Article 3(2) of the 2006 Order provides that, notwithstanding the coming into force of paragraph 4 of Schedule 2 to the 2006 Act on 15th January 2007 and the substitution of Schedule 2A made by that paragraph, current Schedule 2A to the 1996 Act shall continue in force until 2nd July 2008, save that paragraphs 1 to 5 (making of appointments) shall only apply to appointments that take effect before 3rd July 2008.
Schedule 2A to the 1996 Act was inserted by section 310(2) of, and Schedule 26 to, the Greater London Authority Act 1999 (c. 29) . Schedule 2A to the 1996 Act has been substituted by a new Schedule 2A inserted by paragraph 4 of Schedule 2 to the Police and Justice Act 2006 but that substitution is not yet in force.
Paragraph 13(3) of Schedule 2A to the 1996 Act has been substituted by section 109(1) of, and paragraph 374 of Schedule 8 to, the Courts Act 2003.
2003 c. 39 . Section 13 of the 2003 Act has been amended by paragraphs 308 and 315 of Schedule 4 to the Constitutional Reform act 2005 (c. 4) .