Criminal Justice Act 2003 s.333 – Supplementary and consequential provision, etc

(1)The Secretary of State may by order make—

(a)any supplementary, incidental or consequential provision, and

(b)any transitory, transitional or saving provision,

which he considers necessary or expedient for the purposes of, in consequence of, or for giving full effect to any provision of this Act.

[^F765 (1A)In the application of this section to Northern Ireland, any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.^F765]

(2)An order under subsection (1) may, in particular—

(a)provide for any provision of this Act which comes into force before another such provision has come into force to have effect, until that other provision has come into force, with such modifications as are specified in the order, and

(b)amend or repeal—

(i)any Act passed before, or in the same Session as, this Act, and

(ii)subordinate legislation made before the passing of this Act.

(3)Nothing in this section limits the power by virtue of section 330(4)(b) [^F766or 330A(6)(b)^F766] to include transitional or saving provision in an order under section 336.

(4)The amendments that may be made under subsection (2)(b) are in addition to those made by or under any other provision of this Act.

(5)In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(6)Schedule 38 (which contains transitory and transitional provisions and savings) shall have effect.

Cases considering section 333 3

R (Stellato) v Secretary of State for the Home Department

[2007] UKHL 5 · 14 March 2007Interprets

The provision authorises amendment or repeal of existing statutory text through supplementary or consequential provision and attracts affirmative parliamentary approval. The failure to use it supported the conclusion that no substantive entitlement was removed (see paras [12]-[16]). The provision permits amendment or repeal of an earlier Act when necessary or expedient to give effect to the 2003 Act. Lord Hope contrasted this power with the transitional power actually used (see para [14]). The provision confirms that section 333 does not limit the transitional or saving power in section 330(4)(b). It explained the breadth of the power invoked for the 2005 Order (see paras [6]-[7]; [14]).

Elam, R (on the application of) v Secretary of State for Justice

[2012] EWCA Civ 29 · 27 January 2012

Cited in the context of the alternative affirmative-resolution route for the 2005 Order. The court did not treat the procedural choice as determining the construction of paragraphs 19 and 25. (see paras [11]; [22])

Gul, R (on the application of) v Secretary of State for Justice & Anor

[2014] EWHC 373 (Admin) · 19 February 2014Limits

Considers the submission that section 333 did not expressly authorise interference with fundamental rights. The court rejected the wider submission that primary legislation was necessarily required in addition to section 250 and the Order (see paras [46], [52]).

What each judgment says about section 333 is in the case-law panel in the full Act.

Explanatory note

735.This section enables the Secretary of State to make supplementary, incidental or consequential provision, and transitory, transitional or saving provision. An order made under this power will be subject to negative resolution procedure (see section 330(6)), other than where primary legislation is being amended in which case it is subject to the affirmative resolution procedure (see section 330(5)(b)).

736.Where one provision of the Act is brought into force before another, the power includes power to modify the provision brought into force so as to take account of the fact that the other provision is not yet in force. The power also includes a general power to make consequential amendment of other Acts.

737.Section 333 is different from the power provided in Section 330(4) in that it is exercisable independently of the commencement power in Section 336 and creates in effect a new, free-standing power to make transitional or consequential provisions at any time, including a power to amend primary legislation. It was considered necessary, particularly in respect of the sentencing provisions, to pick up any consequential amendments not identified before the Act's introduction or during its passage; and also to deal with long-term transitional arrangements created by the introduction of a new system which will gradually replace the existing arrangements.

All the explanatory notes for the Act

Amendments and notes

3 notes from legislation.gov.uk

Amendments

F765S. 333(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(5)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F766Words in s. 333(3) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 12, Sch. 14 para. 78(5)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)

Commencement

I154S. 333 partly in force; s. 333(1)-(5) in force and s. 333(6) in force for certain purposes at Royal Assent, see s. 336(1); s. 333(6) in force for certain purposes at 27.2.2004 by S.I. 2004/81, art. 5; s. 333(6) in force for certain purposes at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 28 (subject to art. 2(2), Sch. 2)