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Police and Justice Act 2006

Status:

This is the original version (as it was originally enacted).

53Commencement

This section has no associated Explanatory Notes

(1)Subject to subsections (2) to (9)—

(a)Parts 1 to 5, and

(b)section 52 (and Schedules 14 and 15),

come into force in accordance with provision made by order by the Secretary of State.

(2)Subsection (1) does not apply to—

(a)section 43(2) to (6);

(b)paragraph 6 of Schedule 13;

(c)paragraphs 7(3)(a), 14, 15 and 24 to 26 of Schedule 2 (and section 2 so far as relating to those paragraphs);

(d)paragraphs 34, 39, 47, 49 and 59 of Schedule 14;

(e)the repeals in Part 1(B) of Schedule 15 that relate to the paragraphs mentioned in paragraphs (c) and (d);

(f)section 52 so far as relating to any of those paragraphs and repeals.

(3)An order bringing the following provisions into force may be made only with the consent of the Scottish Ministers—

(a)section 1(2)(b);

(b)Parts 5 and 6 of Schedule 1 and paragraphs 51 to 53 of that Schedule (and section 1(3) so far as relating to those provisions);

(c)in Part 1(A) of Schedule 15, the repeals in or of the following provisions (and section 52 so far as relating to those repeals)—

(i)the Police (Scotland) Act 1967 (c. 77);

(ii)sections 109 to 111 of the Police Act 1997 (c. 50), Schedule 8 to that Act and paragraphs 10, 12 and 14 of Schedule 9 to that Act;

(iii)the Scottish Public Services Ombudsman Act 2002 (asp 11).

(4)The following provisions come into force in accordance with provision made by order by the Scottish Ministers—

(a)sections 35 to 38 so far as they extend to Scotland;

(b)paragraphs 17 to 19 and 29 of Schedule 14 so far as they extend to Scotland;

(c)paragraph 25 of that Schedule;

(d)the repeals in Part 5 of Schedule 15 of—

(i)provisions in section 13 of the Computer Misuse Act 1990 (c. 18);

(ii)section 17(7) of that Act so far as it extends to Scotland;

(iii)paragraph 77 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40);

(e)section 52 so far as relating to those paragraphs and repeals.

(5)Paragraph 7(2) of Schedule 9 (and section 22 so far as relating to that paragraph), so far as relating to fire and rescue authorities in Wales, comes into force in accordance with provision made by order by the National Assembly for Wales.

(6)The following provisions, so far as relating to local authorities in Wales, come into force in accordance with provision made by order by the National Assembly for Wales—

(a)sections 19 and 20 and Schedule 8;

(b)paragraph 38 of Schedule 14 (and section 52 so far as relating to that paragraph);

(c)section 27 and Schedule 10;

(d)the repeal in Part 3 of Schedule 15 of section 91 of the Anti-social Behaviour Act 2003 (c. 38) (and section 52 so far as relating to that repeal).

(7)The following provisions, so far as relating to local authorities in Wales or registered social landlords on the register maintained by the National Assembly for Wales, come into force in accordance with provision made by order by the Assembly—

(a)sections 23 to 25;

(b)paragraphs 53 to 57 of Schedule 14 (and section 52 so far as relating to those paragraphs).

(8)The following provisions—

(a)so far as relating to the granting of injunctions on the application of a relevant Welsh landlord—

(i)section 26,

(ii)paragraph 32 of Schedule 14,

(iii)in Part 3 of Schedule 15, the repeal of section 13(4)(b) of the Anti-social Behaviour Act 2003 (c. 38), and

(iv)section 52 so far as relating to that paragraph and that repeal,

(b)so far as relating to any tenancy where the landlord is a relevant Welsh landlord—

(i)paragraphs 12, 13 and 15 of Schedule 14, and

(ii)section 52 so far as relating to those paragraphs, and

(c)so far as relating to a relevant Welsh landlord—

(i)paragraph 33 of Schedule 14, and

(ii)section 52 so far as relating to that paragraph,

come into force in accordance with provision made by order by the National Assembly for Wales.

(9)For the purposes of subsection (8), each of the following is a “relevant Welsh landlord”—

(a)a Welsh county council or county borough council;

(b)a registered social landlord on the register maintained by the National Assembly for Wales;

(c)a housing action trust for an area in Wales.

(10)The provision that may (by virtue of section 49(3)(c)) be made in an order under this section bringing section 4 into force includes provision prescribing modifications of Part 1 of the Local Government Act 1999 (c. 27) in its application to police authorities.

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