The Criminal Justice and Courts Act 2015 (Commencement No. 6) Order 2017

Statutory Instruments

2017 No. 189 (C. 17)

Criminal Law

Road Traffic

The Criminal Justice and Courts Act 2015 (Commencement No. 6) Order 2017

Made

22nd February 2017

The Secretary of State makes the following Order in exercise of the power conferred by section 95(1) and (6)(a) of the Criminal Justice and Courts Act 2015(1).

Citation and interpretation

1.—(1) This Order may be cited as the Criminal Justice and Courts Act 2015 (Commencement No. 6) Order 2017.

(2) In this Order—

“the Act” means the Criminal Justice and Courts Act 2015, and

“the Agreement” means the Agreement on the Mutual Recognition of Driving Disqualifications between the United Kingdom of Great Britain and Northern Ireland and Ireland made on 30th October 2015(2).

Commencement of provisions coming into force the day after this order is made

2.—(1) The provisions of the Act specified in paragraph (2) come into force the day after this order is made.

(2) The provisions are —

(a) section 31(5) for the purposes of making regulations to specify an agreement made between the United Kingdom and the Republic of Ireland,

(b) section 31(6)(a) in so far as it relates to paragraph 14 of Schedule 7, and

(c) paragraph 14 of Schedule 7.

Commencement of other provisions of the Act

3.—(1) The provisions of the Act specified in paragraph (2) come into force —

(a) on the date when the United Kingdom and Ireland notify each other under Article 14(1) of the Agreement that their respective internal procedures for bringing the Agreement into force have been completed, or

(b) if the notifications are not given on the same date, on the date when the later of those notifications is given.

(2) The provisions are —

(a) section 31 (mutual recognition of driving disqualification in UK and Republic of Ireland) in so far as it is not already in force, and

(b) Schedule 7 (mutual recognition of driving disqualification in UK and Republic of Ireland) in so far as it is not already in force.

(3) The Secretary of State must give notice in the London, Edinburgh and Belfast Gazette of the date on which the provisions of the Act come into force pursuant to paragraph (1).

Signed by authority of the Secretary of State for Transport

Andrew Jones

Parliamentary Under Secretary of State

Department for Transport

22nd February 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 31 of, and Schedule 7 to, the Criminal Justice and Courts Act 2015 in so far as they are not already in force. They make provision for a driving disqualification imposed by Ireland on a UK resident, or a holder of a UK driving licence, for certain specified road traffic offences to be recognised and given effect in the UK. They also make provision for a driving disqualification imposed by the UK on an Irish resident, or a holder of an Irish driving licence, for those offences to be notified to the appropriate Irish authority so that the disqualification may be recognised and given effect in Ireland. This gives effect to the Agreement on the Mutual Recognition of Driving Disqualifications between the UK and Ireland made on 30th October 2015.

Regulation 2 brings into force section 31(5) and (6)(a) and paragraph 14 of Schedule 7 on the day after this Order is made.

Regulation 3 brings into force the remainder of section 31 of, and Schedule 7 to, the Act (so far as they are not already in force). These provisions will come into force when the Agreement comes into force. This will be when each State has notified the other of the completion of their respective internal procedures for bringing the Agreement into force. The date of this will be notified in the London, Edinburgh and Belfast Gazettes.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Criminal Justice and Courts Act 2015 (c. 2) have been brought into force by commencement order made before the date of this order:

Provision	Date of Commencement	S.I. No.
Sections 1 to 7	13th April 2015	2015/778
Sections 12 to 27	13th April 2015	2015/778
Section 28	17th July 2015	2015/1463
Sections 29 and 30	13th April 2015	2015/778
Sections 32 to 37	13th April 2015	2015/778
Sections 38 and 39	20th March 2015	2015/778
Sections 40 and 41	13th April 2015	2015/778
Section 42	26th October 2015	2015/1778
Sections 43 to 51	13th April 2015	2015/778
Sections 53 to 61	13th April 2015	2015/778
Section 63	13th April 2015	2015/778
Section 64	8th August 2016	2016/717
Section 65	8th August 2016	2016/717
Section 67	13th April 2015	2015/778
Section 68(1) (so far as it relates to section 68(3) of the Act)	9th September 2016	2016/896
Section 68(1) (so far as not already in force)	1st December 2016	2016/896
Section 68(2)	1st December 2016	2016/896
Section 68(3)	9th September 2016	2016/896
Sections 69 to 83	13th April 2015	2015/778
Section 84(1) to (3)	13th April 2015	2015/778
Section 84(4) to (6)	8th August 2016	2016/717
Section 87	13th April 2015	2015/778
Section 88	8th August 2016	2016/717
Section 89	8th August 2016	2016/717
Section 90	8th August 2016	2016/717
Section 91	26th October 2015	2015/1778
Section 92	13th April 2015	2015/778
Schedules 1 and 2	13th April 2015	2015/778
Schedule 4	13th April 2015	2015/778
Schedule 5	17th July 2015	2015/1463
Schedule 6	13th April 2015	2015/778
Schedule 8	13th April 2015	2015/778
Schedules 9 and 10	20th March 2015	2015/778
Schedules 11 to 15	13th April 2015	2015/778
Schedule 16	26th October 2015	2015/1778

(1)

2015 c. 2.

(2)

Cm. 9344.