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Anti-social Behaviour, Crime and Policing Act 2014

Status:

This is the original version (as it was originally enacted).

PART 14General

181Amendments

(1)Schedule 11 (minor and consequential amendments) has effect.

(2)The Secretary of State may by order make consequential amendments to provisions contained in or made under any Act.

“Consequential amendments” here means amendments that are consequential on any provision of this Act, other than the provisions listed in subsection (4) as they apply in Wales.

(3)The Secretary of State may by order make amendments to sections 136 and 142 of the Sexual Offences Act 2003 that are consequential on the coming into force of any amendment of Part 2 of that Act made by the Criminal Justice Act (Northern Ireland) 2013.

(4)The Welsh Ministers may by order make consequential amendments to provisions contained in or made under any Act or any Measure or Act of the National Assembly for Wales.

“Consequential amendments” here means amendments that are consequential on any of the following provisions as they apply in Wales—

(a)sections 94 to 98 and Schedule 3;

(b)section 100;

(c)paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11.

182Orders and regulations

(1)A power under this Act to make an order or regulations is exercisable by statutory instrument, but this does not apply to a power of the Scottish Ministers to make an order under section 185.

(2)A statutory instrument containing—

(a)an order under section 5(5),

(b)an order under section 53(4),

(c)regulations under section 116(5)(b), or

(d)an order under section 181(2) that amends an Act,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

(3)A statutory instrument containing an order under section 181(4) that amends an Act or a Measure or Act of the National Assembly for Wales may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(4)A statutory instrument containing—

(a)an order under this Act made by the Secretary of State, other than an order within subsection (2) or an order under section 181(3) or 185, or

(b)regulations under this Act made by the Secretary of State, other than regulations within subsection (2),

is subject to annulment in pursuance of a resolution of either House of Parliament.

(5)A statutory instrument containing—

(a)an order under this Act made by the Welsh Ministers, other than an order within subsection (3) or an order under section 185, or

(b)regulations under this Act made by the Welsh Ministers,

is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(6)An order or regulations under this Act (other than an order under section 185) may make saving, transitional, transitory, supplementary or consequential provision.

183Financial provision

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

184Extent

(1)The following provisions extend to England and Wales only—

(a)Parts 1 to 6;

(b)section 106 except subsections (2)(a)(ii) and (6);

(c)section 114;

(d)sections 116 to 119;

(e)sections 120 and 121;

(f)sections 123 to 130;

(g)section 133(1), (2) and (4);

(h)sections 135 to 143;

(i)sections 144, 145 and 146(1);

(j)sections 149 and 151;

(k)section 152 and Schedule 10;

(l)sections 153 and 154;

(m)sections 166, 171 and 174;

(n)section 176 except subsection (7);

(o)sections 177 and 179.

(2)The following provisions extend to England and Wales and Scotland (but not Northern Ireland)—

(a)sections 106(2)(a)(ii) and (6) and 107;

(b)sections 108 to 110 and 112;

(c)section 133(3);

(d)section 178.

(3)The following provisions extend to England and Wales and Northern Ireland (but not Scotland)—

(a)section 115 and Schedule 6;

(b)section 132 and Schedule 7;

(c)section 175.

(4)The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a)section 111;

(b)section 113 and Schedule 5;

(c)section 131;

(d)section 133(5);

(e)section 146(2);

(f)section 147 and Schedule 8;

(g)section 148 and Schedule 9;

(h)section 150;

(i)Part 12, except sections 166 and 171 to 174;

(j)section 180.

(5)Sections 122 and 172 extend only to Scotland.

(6)Sections 134 and 173 extend only to Northern Ireland.

(7)Section 176(7) has the same extent as section 84 of the Armed Forces Act 2006, and the powers conferred by section 384 of that Act (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories and the Isle of Man) are exercisable in relation to the amendment of that Act made by section 176(7) of this Act.

(8)An amendment, repeal or revocation made by Schedule 11 has the same extent as the relevant part of the Act or instrument amended, repealed or revoked.

(9)The powers conferred by sections 177, 178 and 222 of the Extradition Act 2003 (powers to make provisions of that Act apply in relation to British overseas territories, the Channel Islands and the Isle of Man) are exercisable in relation to any amendment of that Act made by this Act.

185Commencement

(1)This Act comes into force on whatever day or days the Secretary of State appoints by order.

(2)Subsection (1) does not apply to—

(a)sections 150, 175, 180, 181(2) and (4) and 182 to 186, which come into force on the day on which this Act is passed;

(b)sections 151 and 177, which come into force at the end of the period of 2 months beginning with that day;

(c)the provisions listed in subsection (3) as they apply in Wales;

(d)section 149;

(e)section 122.

(3)The following provisions, as they apply in Wales, come into force on whatever day or days the Welsh Ministers appoint by order—

(a)sections 94 to 98 and Schedule 3;

(b)section 100;

(c)paragraphs 2, 7 to 10, 12 to 14, 15(4), 16, 18 to 20, 47(4) and 48 of Schedule 11 (and section 181(1) so far as it relates to those paragraphs).

(4)Different days may be appointed under subsection (1) or (3) for different purposes or different areas.

(5)Section 149 comes into force on whatever day the Attorney General appoints by order.

(6)Section 122 comes into force on whatever day the Scottish Ministers appoint by order.

(7)The Secretary of State may by order make whatever saving, transitional or transitory provision (in addition to the provision in sections 21, 33, 42, 58 and 93) the Secretary of State thinks appropriate in connection with the coming into force of any provision of this Act, other than the provisions listed in subsection (3) as they apply in Wales.

(8)The Welsh Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force in Wales of the provisions listed in subsection (3) as they apply in Wales.

(9)The Scottish Ministers may by order make whatever saving, transitional or transitory provision they think appropriate in connection with the coming into force of section 122.

(10)An order under this section bringing into force on a particular day a provision which refers to the Police Negotiating Board for Scotland may, if it appears to the Secretary of State that no body of that name will be in existence on that day, bring the provision into force subject to whatever consequential amendment or transitional provision the Secretary of State thinks appropriate.

186Short title

This Act may be cited as the Anti-social Behaviour, Crime and Policing Act 2014.

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