Explanatory Notes

Police Reform and Social Responsibility Act 2011

2011 CHAPTER 13

15 September 2011

Overview

Part 5 – Final Provisions

Section 154: Orders and regulations

429.Section 154 sets out the powers of the Secretary of State under the Act to make an order or regulations, and which of those are subject to an affirmative resolution of each House of Parliament.

Section 155: Money

430.Section 155 provides for Parliament to pay any expenses incurred by any Minister of the Crown by virtue of this Act, or attributable to this Act through other legislation.

Section 156: Extent

431.Section 156 states the territorial extent of the Act. This Act applies to England and Wales. The following break-down shows which provisions apply to the UK.

Territorial Application: Wales

432.The Act applies to England and Wales.

Territorial Application: Scotland

433.Section 58 (power to make provision about elections), section 99, and Schedule 15 (transitional provisions) extend to Scotland.  These will allow modifications made under the power to have the same extent as the forms or other provisions they modify (in the same way as amendments made by the Act itself), and for the transfer of property, rights or liabilities in Scotland to have effect under Scots law. The sections on the misuse of drugs (151- 152) apply to Scotland so as to allow the Home Secretary to make a temporary class drug order that covers the whole of the UK.  Sections 156, 157 and 158 (extent, commencement and short title) also apply to Scotland.

Territorial Application: Northern Ireland

434.Section 58 (power to make provision about elections) applies to Northern Ireland. This will allow modifications made under the power to have the same extent as the forms or other provisions they modify (in the same way as amendments made by the Act itself). The sections on the misuse of drugs (151-152) apply to Northern Ireland. The Act will enable the Home Secretary to make a temporary class drug order that covers the whole of the UK. Sections 156, 157 and 158 (extent, commencement and short title) also apply to Northern Ireland.

Section 157: Commencement

435.Under section 157(3) sections 58, 153 and 154 – 158 will come into effect on the day the Act is passed. Section 150(2), so far as it relates to local authorities in Wales, is subject to commencement by an order made by the Welsh Ministers. Otherwise, all the Act’s provisions are subject to commencement by an order made by the Secretary of State.