Citation and interpretation

1. —(1) This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) Order 2010.

(2) In this Order, “the 2009 Act” means the Coroners and Justice Act 2009.

Appointed days

2. —(1) The following provisions of the 2009 Act shall come into force immediately before 1st February 2010—

(a) section 142 (Commissioner for Victims and Witnesses);

(b) section 178 (repeals), so far as it relates to the repeals specified in sub-paragraph (c); and

(c) in Part 5 of Schedule 23 (miscellaneous criminal justice provisions), the repeals relating to—

(i) the Superannuation Act 1972( 2 ),

(ii) the House of Commons Disqualification Act 1975( 3 ),

(iii) the Northern Ireland Assembly Disqualification Act 1975( 4 ), and

(iv) the Domestic Violence, Crime and Victims Act 2004( 5 ).

(2) The provisions of the 2009 Act specified in the Schedule shall come into force on 1st February 2010.

Transitional provision

3. —(1) The coming into force of the relevant provisions of the 2009 Act, by virtue of article 2(2) and paragraphs 13 and 27(b) of the Schedule (and paragraph 19 so far as it relates to paragraph 27(b)), shall have no effect in relation to an application to the Legal Services Commission to fund services as part of the Community Legal Service made before 1st February 2010.

(2) The relevant provisions of the 2009 Act are—

(a) section 150 (certain services excluded from the Community Legal Service), and

(b) in Part 6 of Schedule 23, the repeal of paragraph 1(h) of Schedule 2 to the Access to Justice Act 1999( 6 ) (excluded services in relation to matters arising out of the carrying on of a business).

Article 2

SCHEDULE Provisions which come into force on 1st February 2010

1. Section 35 (Chief Coroner and Deputy Chief Coroners).

2. Section 59 (encouraging or assisting suicide (England and Wales)).

3. Section 60 (encouraging or assisting suicide (Northern Ireland)).

4. Section 61 (encouraging or assisting suicide: information society services).

5. Section 72 (conspiracy).

6. Section 112 (admissibility of evidence of previous complaints).

7. Section 114 (bail: risk of committing an offence causing injury).

8. Section 115 (bail decisions in murder cases to be made by Crown Court judge).

9. Section 118(2) (provision about the Sentencing Council for England and Wales), so far as it relates to the provisions specified in paragraph 23.

10. Section 140 (appeals against certain confiscation orders (England and Wales)).

11. Section 141 (appeals against certain confiscation orders (Northern Ireland)).

12. Section 149 (Community Legal Service: pilot schemes).

13. Section 150 (excluded services: help in connection with business matters).

14. Section 153 (statutory instruments relating to the Legal Services Commission).

15. Section 173 (assessment notices), so far as it inserts section 41C (code of practice about assessment notices) of the Data Protection Act 1998( 7 ).

16. Section 174 (data-sharing code of practice).

17. Section 175 (further amendments of the Data Protection Act 1998), so far as it relates to the provisions specified in paragraph 24.

18. In section 177 (consequential etc amendments and transitional etc provisions)—

(a) subsection (1) (minor and consequential amendments), so far as it relates to the provisions specified in paragraph 25; and

(b) subsection (2) (transitional, transitory and saving provisions), so far as it relates to the provisions specified in paragraph 26.

19. Section 178 (repeals), so far as it relates to the provisions specified in paragraph 27.

20. Section 180 (effect of amendments to provisions applied for purposes of service law).

21. Schedule 8 (Chief Coroner and Deputy Chief Coroners).

22. Schedule 12 (encouraging or assisting suicide: providers of information society services).

23. In Schedule 15 (the Sentencing Council for England and Wales)—

(a) paragraphs 1 to 4, 6 and 9; and

(b) paragraphs 5, 7 and 10, for the purposes of making appointments.

24. In Schedule 20 (amendments of the Data Protection Act 1998), paragraphs 1 to 3 (data controllers’ registration).

25. In Schedule 21 (minor and consequential amendments)—

(a) paragraphs 53 to 61 (suicide); and

(b) paragraphs 74 to 78 (bail).

26. In Schedule 22 (transitional, transitory and saving provisions)—

(a) paragraph 7 (Chapter 1 of Part 2 transitional provision);

(b) paragraphs 8 to 11 (suicide);

(c) paragraph 25 (evidence of previous complaint);

(d) paragraph 28 (provision in respect of the Sentencing Council for England and Wales); and

(e) paragraph 39 (confiscation orders).

27. In Schedule 23 (repeals)—

(a) in Part 2 (criminal offences), the repeals relating to the Suicide Act 1961( 8 ) and to the Criminal Justice Act (Northern Ireland) 1966( 9 ); and

(b) Part 6 (legal aid), so far as it is not already in force.