Statutory Instrument 1995 No. 127 (C.4)

The Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995

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1995 No. 127 (C.4)

CRIMINAL LAW, ENGLAND AND WALES

CRIMINAL LAW, SCOTLAND

CRIMINAL LAW, NORTHERN IRELAND

The Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995

In exercise of the powers conferred upon him by section 172(2) and (3) of the Criminal Justice and Public Order Act 1994^[1], the Secretary of State hereby makes the following Order:

    1.    This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1995.

    2.—(1)  Subject to paragraphs (2) and (3) below, the provisions of the Criminal Justice and Public Order Act 1994 ("the 1994 Act") referred to in the left-hand column of Schedule 1 to this Order (which relate to the matters described in the right-hand column of that Schedule) shall come into force on 3rd February 1995.

    (2)  Schedule 2 (transitional provisions) shall have effect in relation to the coming into force of the provisions of the 1994 Act specified therein.

    (3)  The coming into force on 3rd February 1995 of section 134(3) of the 1994 Act shall have effect only for the purpose of the making of rules under section 18(3A) of the Prisons (Scotland) Act 1989^[2], and the said section 134(3) shall otherwise come into force on 1st June 1995.

    3.—(1)  Subject to the following provisions, this Order extends to England and Wales only.

    (2)  So far as relating to the following provisions of the 1994 Act, namely sections 47(3), 49, 64(1) to (3), 66(6) and (10) to (13), 67(3), (4), (5), (8) and (9), 157(1), 163, 169 and 170, this Order also extends to Scotland.

    (3)  So far as relating to the following provisions, namely sections 88, 91 and 92, 136 to 141, 157(2), (3), (4), (5) and (9), 161, 162, 164 and 168, this Order extends to the United Kingdom.

    (4)  So far as relating to sections 102(1) to (3), 104, 105 and 117, so far as those provisions relate to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland, this Order extends to that part of those Islands, but otherwise so far as relating to Chapter II of Part VIII this Order extends to Scotland only.

    (5)  So far as relating to the following provisions, namely sections 47(4), 84(5) to (7), 87, Part IX, sections 152(2), 153, 157(7) and section 160(2), this Order extends to Scotland only.

    (6)  So far as relating to the following provisions, namely sections 84(8) to (11), 85(4) to (6), 86(2) and 157(8), this Order extends to Northern Ireland only.

    (7)  So far as relating to the amendment, repeal or revocation of any enactment by Schedule 9, 10 or 11, this Order has the same extent as that amendment, repeal or revocation.

Michael Howard

One of Her Majesty's Principal Secretaries of State
Home Office

19th January 1995

[1] 1994 c. 33. back

[2] 1989 c. 45. back

Explanatory Note