Draft Legislation:

This is a draft item of legislation item and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Criminal Justice and Police Act 2001 (Amendment) Order 2009 ISBN 978-0-11-147300-9

Draft Order laid before Parliament under section 1 of the Criminal Justice and Police Act 2001, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2009 No.

Criminal Law, England And Wales

Police, England And Wales

The Criminal Justice and Police Act 2001 (Amendment) Order 2009

Made

***

Coming into force in accordance with article 1(2)

The Secretary of State makes this Order in exercise of the powers conferred by section 1(2) of the Criminal Justice and Police Act 2001(1).

A draft of this Order has been laid before and approved by a resolution of each House of Parliament.

Citation, interpretation and commencement

1.—(1) This Order may be cited as the Criminal Justice and Police Act 2001 (Amendment) Order 2009.

(2) This Order shall come into force on the day after the day on which it is made.

Amendment of section 1(1) of the Criminal Justice and Police Act 2001

2.—(1) The Table in section 1(1) of the Criminal Justice and Police Act 2001(2) is amended as follows.

(2) Before the entry relating to section 55 of the British Transport Commission Act 1949(3) insert—

“Section 2(1) of the Parks Regulation (Amendment) Act 1926(4) so far as relating to a failure to comply with or a contravention of the Royal Parks and Other Open Spaces Regulations 1997(5)	Contravening a prohibition on littering, dog fouling or illegal cycling etc.
Section 7(1) of the Children and Young Persons Act 1933(6)	Sale of tobacco etc to persons under 18 years”

(3) After the entry relating to section 1(1) of the Criminal Damage Act 1971(7) insert—

“Section 2 of the Criminal Damage Act 1971

Threatening to destroy or damage property

Section 5(2) of the Misuse of Drugs Act 1971(8) so far as relating to the following-

(a) cannabinol,

(b) cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act),

(d) any stereoisomeric form of a substance specified in any of paragraphs (a) to (c),

(e) any ester or ether of a substance specified in paragraph (a) or (b),

(f) any salt of a substance specified in paragraphs (a) to (e),

(g) any preparation or other product containing a substance or product specified in any of paragraphs (a) to (f), not being a preparation falling within paragraph 6 of Part 1 of Schedule 2 to that Act.

Possession of cannabis etc

Section 3 of the Theft Act 1978(9)

Making off without payment”

(4) After the entry relating to section 87 of the Environmental Protection Act 1990(10) insert—

“Section 4 of the Children and Young Persons (Protection from Tobacco) Act 1991(11)	Failing to display in retail premises and on vending machines a notice warning that it is illegal to sell tobacco products to anyone under the age of 18 years
Section 167 of the Criminal Justice and Public Order Act 1994(12)	Touting for hire car services
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000(13) made under section 67 of the Transport Act 1962(14) and confirmed by the Secretary of State for Environment, Transport and the Regions on 19 December 2000 (“the London Regional Transport Railways Byelaws 2000”) so far as relating to a breach of byelaw 3 of those byelaws	Smoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(1) of those byelaws	Entering or remaining on the railway while intoxicated
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 4(2) of those byelaws	Having intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor
Byelaw 24(1) of the London Regional Transport Railways Byelaws 2000 so far as relating to a breach of byelaw 6 of those byelaws	Engaging in unacceptable behaviour on the railway
Section 3 of the Private Security Industry Act 2001(15)	Engaging in licensable conduct without or not in accordance with a licence
Section 9 of the Private Security Industry Act 2001	Contravening the conditions of a licence”

(5) After the entry relating to section 11 of the Fireworks Act 2003(16) insert—

“Section 140 of the Licensing Act 2003(17)

Allowing disorderly conduct on licensed premises”

(6) After the entry relating to section 141 of the Licensing Act 2003 insert—

“Section 142 of the Licensing Act 2003	Obtaining alcohol for consumption on relevant premises for a person who is drunk
Section 143 of the Licensing Act 2003	Failure of person who is drunk or disorderly to leave licensed premises on request
Section 145 of the Licensing Act 2003	Allowing unaccompanied children under 16 on certain premises”

(7) After the entry relating to section 49 of the Fire and Rescue Services Act 2004(18) insert—

“Byelaw 24(1) of the Framework Railway Byelaws made under section 219 of the Transport Act 2000(19) and confirmed by the Secretary of State for Environment, Transport and the Regions on 22 June 2005 (“the Railway Byelaws 2005”)(20) so far as relating to a breach of byelaw 3 of those byelaws	Smoking on or near any part of a railway in contravention of a notice indicating that smoking is not allowed
Byelaw 24(1) of the Railways Byelaws 2005 so far as relating to a breach of byelaw 4(1) of those byelaws	Entering or remaining on the railway while intoxicated
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 4(2) of those byelaws	Having intoxicating liquor on a train service where reasonable notice has been given prohibiting the possession of intoxicating liquor
Byelaw 24(1) of the Railway Byelaws 2005 so far as relating to a breach of byelaw 6 of those byelaws	Engaging in unacceptable behaviour on the railway”

Signed by authority of the Secretary of State

Name

Parliamentary Under Secretary of State

Address

Ministry of Justice

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Table in section 1(1) of the Criminal Justice and Police Act 2001 (c.16).

The amendments to the Table of penalty notice offences insert the following further offences in respect of which a penalty notice may be given and a penalty made payable—

certain offences under Royal Parks Regulations,
offences relating to the sale of tobacco to persons under 18 years
threats to destroy or damage property,
possession of cannabis etc,
making off without payment,
touting for hire car services,
certain railway byelaw offences,
certain licence related offences relating to the private security industry,
certain alcohol related offences under the Licensing Act 2003 (c.17).

(1)

2001 c.16

(2)

The Table in section 1(1) was amended by S.I. 2002/1934, S.I. 2004/2540, S.I. 2005/1090 and S.I. 2005/3048. It was also amended by the Licensing Act 2003 (c.17), Schedule 6, paragraphs 119 and 120 and by the Fire and Rescue Services Act 2004 (c.21), Schedule 1, paragraph 97.

(3)

(4)

(5)

(6)

(7)

(8)