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Youth Justice and Criminal Evidence Act 1999

Status:

This is the original version (as it was originally enacted).

Part IIIFinal provisions

64Regulations and orders

(1)Any power of the Secretary of State to make any regulations or order under this Act shall be exercised by statutory instrument.

(2)A statutory instrument containing any regulations or order under section 6(4) or 61(1) or (2) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)No regulations or order shall be made under—

(a)section 2(3), 18(5), 42(2) or 44(5), or

(b)paragraph 13(8) of Schedule 1,

unless a draft of the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.

(4)Any regulations or order made by the Secretary of State under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

65General supplementary provisions

(1)Rules of court may make such provision as appears to the authority making them to be necessary or expedient for the purposes of this Act (and nothing in this Act shall be taken to affect the generality of any enactment conferring power to make such rules).

(2)In this Act “rules of court” means—

(a)Magistrates' Courts Rules;

(b)Crown Court Rules;

(c)Criminal Appeal Rules.

(3)For the purposes of this Act the age of a person shall be taken to be that which it appears to the court to be after considering any available evidence.

66Corresponding provisions for Northern Ireland

(1)An Order in Council under section 85 of the [1998 c. 47.] Northern Ireland Act 1998 (provision dealing with certain reserved matters) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act

(a)shall not be subject to the procedures set out in subsections (3) to (8) of that section; but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(2)In subsection (1) “the relevant provisions of this Act” means—

(a)Chapters I to III of Part II;

(b)section 47;

(c)sections 49 to 51 so far as having effect for the purposes of section 47;

(d)Chapters V to VII of Part II (other than section 59); and

(e)this Part.

(3)Until the day appointed under section 3 of the Northern Ireland Act 1998 for the commencement of Parts II and III of that Act, this section shall have effect with the substitution for subsection (1) of the following—

(1)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to the purposes of any of the relevant provisions of this Act—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

67Minor, consequential and pre-consolidation amendments, repeals and transitional provisions

(1)The minor and consequential amendments specified in Schedule 4 shall have effect.

(2)Schedule 5 (which contains pre-consolidation amendments relating to youth justice) shall have effect.

(3)The enactments specified in Schedule 6 (which include certain spent enactments) are repealed or revoked to the extent specified.

(4)The transitional provisions and savings in Schedule 7 shall have effect.

68Short title, commencement and extent

(1)This Act may be cited as the Youth Justice and Criminal Evidence Act 1999.

(2)For the purposes of the [1998 c. 46.] Scotland Act 1998, any provision of this Act which extends to Scotland shall be taken to be a pre-commencement enactment within the meaning of that Act.

(3)Subject to subsection (4), this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(4)The following provisions come into force on the day on which this Act is passed—

(a)section 6(4);

(b)the provisions of Chapters I to IV of Part II for the purpose only of the exercise of any power to make rules of court;

(c)section 40(1);

(d)sections 58(5) and 61(2) for the purpose only of the exercise of any power to make an order;

(e)section 61(1) and (3), sections 62 to 66 and this section.

(5)Subject to subsections (6) to (9) this Act extends to England and Wales only.

(6)Subject to subsection (9), the following provisions extend also to Scotland and Northern Ireland—

(a)the provisions of Chapter IV of Part II and section 63 so far as having effect for the purposes of those provisions;

(b)the provisions of paragraph 6 of Schedule 7 and paragraph 1 of that Schedule so far as having effect for the purposes of those provisions; and

(c)sections 59, 61 and 64 and this section.

(7)Paragraph 3(4) of Schedule 1 extends also to Scotland.

(8)Section 66 extends to Northern Ireland only.

(9)The extent of any amendment, repeal or revocation made by this Act is the same as that of the enactment amended, repealed or revoked, except that—

(a)the amendments made by Schedule 2 in section 49 of the [1933 c. 12.] Children and Young Persons Act 1933 and in the [1992 c. 34.] Sexual Offences (Amendment) Act 1992 extend to England and Wales, Scotland and Northern Ireland;

(b)the repeal by Schedule 6 of section 62 of the [1996 c. 25.] Criminal Procedure and Investigations Act 1996 does not extend to Northern Ireland.

(10)The following provisions, namely—

(a)Chapter IV of Part II, so far as it relates to proceedings before a service court (within the meaning of Part II), and

(b)section 61,

apply to such proceedings wherever they may take place (whether in the United Kingdom or elsewhere).

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