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

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.

This draft Order supersedes the draft laid before Parliament on 15 December 2008 and is being issued free of charge to all known recipients of that draft Statutory Instrument.

Draft Statutory Instruments

2009 No. 0000

Criminal Law, England And Wales

Police, England And Wales

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

Made

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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 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.  In the Table in section 1(1) of the Criminal Justice and Police Act 2001(2), after the entry relating to section 1(1) of the Criminal Damage Act 1971(3) insert—

“Section 5(2) of the Misuse of Drugs Act 1971(4) so far as relating to the following- (a) cannabinol, (b) cannabinol derivatives (within the meaning of Part 4 of Schedule 2 to that Act), (c) cannabis or cannabis resin (within the meaning of 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”

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) to add possession of cannabis etc as a further offence in respect of which a penalty notice may be given.

(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)

1971 c. 48

(4)

1971 c.38