Statutory Instruments
2009 No. 2606 (C.113)
Criminal Law, England And Wales
Criminal Law, Northern Ireland
Criminal Procedure, England And Wales
Criminal Procedure, Northern Ireland
Data Protection
Defence
The Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009
Made
24th September 2009
The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred by the Criminal Justice and Immigration Act 2008(1) on the Lord Chancellor by section 153(4), and the Secretary of State by section 153(7) of that Act.
Citation and interpretation
1.—(1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009.
(2) In this Order “the 2008 Act” means the Criminal Justice and Immigration Act 2008.
Provisions coming into force on 1st October 2009
2. The date appointed for the coming into force of the following provisions of the 2008 Act is 1st October 2009—
(a)section 80 (Requests to other member States: England and Wales);
(b)section 81 (Procedure on issue of certificate: England and Wales);
(c)section 82 (Requests to other member States: Northern Ireland);
(d)section 83 (Procedure on issue of certificate: Northern Ireland);
(e)section 84 (Requests from other member States: England and Wales);
(f)section 85 (Procedure on receipt of certificate by designated officer);
(g)section 86 (Modification of Magistrates’ Courts Act 1980);
(h)section 87 (Requests from other member States: Northern Ireland);
(i)section 88 (Procedure on receipt of certificate by clerk of petty sessions);
(j)section 89 (Modification of Magistrates’ Courts (Northern Ireland) Order 1981);
(k)section 90 (Transfer of certificates to central authority for Scotland);
(l)section 91 (Recognition of financial penalties: general);
(m)section 92 (Interpretation of sections 80 to 91 etc.);
(n)section 144(1) (Power to require data controllers to pay monetary penalty) to the extent that it inserts sections 55A(4), (5), (7) and (9), 55B(2), (3)(b) and (6), 55C and 55E into the Data Protection Act 1998(2);
(o)section 144(2) (Power to require data controllers to pay monetary penalty);
(p)section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as relates to the entry in paragraph (s);
(q)Schedule 18 (Penalties suitable for enforcement in England and Wales or Northern Ireland);
(r)Schedule 19 (Grounds for refusal to enforce financial penalties); and
(s)paragraph 29 of Schedule 27 (Mutual recognition of financial penalties).
Provisions coming into force on 31st October 2009
3. The date appointed for the coming into force of the following provisions of the 2008 Act is 31st October 2009—
(a)section 21 (Credit for period of remand on bail: terms of imprisonment and detention) to the extent not already in force;
(b)section 26 (Release of certain long-term prisoners under Criminal Justice Act 1991) to the extent not already in force;
(c)section 29 (Release of prisoners after recall) to the extent not already in force;
(d)section 145 (Amendments to armed forces legislation) to the extent that it relates to the entry in paragraph (h);
(e)section 148(1) (Consequential etc. amendments and transitional and saving provision) to the extent that it relates to the entries in paragraph (i);
(f)section 149 (Repeals and revocations) in so far as it relates to the entry in paragraph (j);
(g)section 151 (Effect of amendments to criminal justice provisions applied for purposes of service law);
(h)paragraph 34 of Schedule 25 (Transitional provisions: compensation for miscarriage of justice);
(i)paragraphs 54, 55, 56 to the extent not already in force, and paragraph 82 of Schedule 26 (Minor and consequential amendments); and
(j)in Part 2 of Schedule 28 (Repeals and revocations), the entries related to—
(i)section 260(3A) of the Criminal Justice Act 2003(3); and
(ii)sections 221 and 223(3) and paragraphs 218 and 225 of Schedule 16 of the Armed Forces Act 2006(4).
Signed by the authority of the Lord Chancellor and Secretary of State
Michael Wills
Minister of State
Ministry of Justice
24th September 2009
EXPLANATORY NOTE
(This note is not part of the Order)
This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c.4) set out in articles 2 and 3 on 1st October 2009 and 31st October 2009 respectively.
NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| Section 1 (partially) | 1 April 2009 | 2009/860 |
| Section 10 | 14 July 2008 | 2008/1586 |
| Section 11 (partially) | 14 July 2008 | 2008/1586 |
| Section 12 | 14 July 2008 | 2008/1586 |
| Section 13 | 14 July 2008 | 2008/1586 |
| Section 14 | 14 July 2008 | 2008/1586 |
| Section 15 | 14 July 2008 | 2008/1586 |
| Section 16 | 14 July 2008 | 2008/1586 |
| Section 17 | 14 July 2008 | 2008/1586 |
| Section 18 | 14 July 2008 | 2008/1586 |
| Section 20 | 14 July 2008 | 2008/1586 |
| Section 21 (partially) | 3 November 2008 | 2008/2712 |
| Section 22 | 3 November 2008 | 2008/2712 |
| Section 23 | 3 November 2008 | 2008/2712 |
| Section 24 | 14 July 2008 | 2008/1586 |
| Section 25 | 14 July 2008 | 2008/1586 |
| Section 26 (partially) | 9 June 2008 | 2008/1466 |
| Section 27 | 14 July 2008 | 2008/1586 |
| Section 28 | 14 July 2008 | 2008/1586 |
| Section 29 (partially) | 14 July 2008 | 2008/1586 |
| Section 30 | 14 July 2008 | 2008/1586 |
| Section 31 | 14 July 2008 | 2008/1586 |
| Section 32 | 14 July 2008 | 2008/1586 |
| Section 33 (partially) | 3 November 2008 | 2008/2712 |
| Section 34 (partially) | 3 November 2008 | 2008/2712 |
| Section 35 | 27 April 2009 | 2009/860 |
| Section 36 | 27 April 2009 | 2009/860 |
| Section 37 | 27 April 2009 | 2009/860 |
| Section 38 | 14 July 2008 | 2008/1586 |
| Section 40 | 14 July 2008 | 2008/1586 |
| Section 41 | 3 November 2008 | 2008/2712 |
| Section 42 | 14 July 2008 | 2008/1586 |
| Section 43 | 14 July 2008 | 2008/1586 |
| Section 44 | 14 July 2008 | 2008/1586 |
| Section 45 | 14 July 2008 | 2008/1586 |
| Section 46 (partially) | 14 July 2008 | 2008/1586 |
| Section 47 | 14 July 2008 | 2008/1586 |
| Section 48 (partially) | 1 February 2009 | 2009/140 |
| Section 49 | 19 December 2008 | 2008/3260 |
| Section 50 | 19 December 2008 | 2008/3260 |
| Section 51 | 3 November 2008 | 2008/2712 |
| Section 52 | 14 July 2008 | 2008/1586 |
| Section 54 | 14 July 2008 | 2008/1586 |
| Section 55 | 14 July 2008 | 2008/1586 |
| Section 56 | 14 July 2008 | 2008/1586 |
| Section 57 | 14 July 2008 | 2008/1586 |
| Section 58 | 14 July 2008 | 2008/1586 |
| Section 59 | 14 July 2008 | 2008/1586 |
| Section 60 | 3 November 2008 | 2008/2712 |
| Section 61 | 1 December 2008 | 2008/2993 |
| Section 63 | 26 January 2009 | 2008/2993 |
| Section 64 | 26 January 2009 | 2008/2993 |
| Section 65 | 26 January 2009 | 2008/2993 |
| Section 66 | 26 January 2009 | 2008/2993 |
| Section 67 | 26 January 2009 | 2008/2993 |
| Section 68 | 26 January 2009 | 2008/2993 |
| Section 71 | 26 January 2009 | 2008/2993 |
| Section 72 | 14 July 2008 | 2008/1586 |
| Section 73 | 14 July 2008 | 2008/1586 |
| Section 76 | 14 July 2008 | 2008/1586 |
| Section 93 | 14 July 2008 | 2008/1586 |
| Section 94 | 14 July 2008 | 2008/1586 |
| Section 95 | 14 July 2008 | 2008/1586 |
| Section 96 | 14 July 2008 | 2008/1586 |
| Section 97 | 14 July 2008 | 2008/1586 |
| Section 98 | 3 August 2009 | 2009/1842 |
| Section 99 | 3 August 2009 | 2009/1842 |
| Section 100 | 3 August 2009 | 2009/1842 |
| Section 101 | 3 August 2009 | 2009/1842 |
| Section 102 | 3 August 2009 | 2009/1842 |
| Section 103 | 3 August 2009 | 2009/1842 |
| Section 104 | 3 August 2009 | 2009/1842 |
| Section 105 | 3 August 2009 | 2009/1842 |
| Section 106 | 3 August 2009 | 2009/1842 |
| Section 107 | 3 August 2009 | 2009/1842 |
| Section 108 | 3 August 2009 | 2009/1842 |
| Section 109 | 3 August 2009 | 2009/1842 |
| Section 110 | 3 August 2009 | 2009/1842 |
| Section 111 | 3 August 2009 | 2009/1842 |
| Section 112 | 3 August 2009 | 2009/1842 |
| Section 113 | 3 August 2009 | 2009/1842 |
| Section 114 | 3 August 2009 | 2009/1842 |
| Section 115 | 3 August 2009 | 2009/1842 |
| Section 116 | 3 August 2009 | 2009/1842 |
| Section 117 | 3 August 2009 | 2009/1842 |
| Section 118 | 1 December 2008 | 2008/2993 |
| Section 119 (partially) | 1 January 2009 | 2008/3260 |
| Section 120 (partially) | 1 January 2009 | 2008/3260 |
| Section 121 (partially) | 1 January 2009 | 2008/3260 |
| Section 123 | 1 February 2009 | 2009/140 |
| Section 124 | 1 February 2009 | 2009/140 |
| Section 125 | 1 April 2009 | 2009/860 |
| Section 126 (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| Section 127 (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| Section 129 | 3 November 2008 | 2008/2712 |
| Section 140 | 14 July 2008 | 2008/1586 |
| Section 141 | 14 July 2008 | 2008/1586 |
| Section 142 | 14 July 2008 | 2008/1586 |
| Section 143 | 1 April 2009 | 2009/860 |
| Section 145 (partially) | 31 October 2009 | 2009/1028 |
| Section 146 | 1 April 2009 | 2009/860 |
| Section 148 (partially) | 9 June 2008 | 2008/1466 |
| (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 15 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| (partially) | 19 December 2008 | 2008/3260 |
| (partially) | 26 January 2009 | 2008/2993 |
| (partially) | 1 February 2009 | 2009/140 |
| (partially) | 1 April 2009 | 2009/840 |
| (partially) | 27 April 2009 | 2009/860 |
| (partially) | 8 July 2009 | 2009/1678 |
| (partially) | 3 August 2009 | 2009/1842 |
| Section 149 (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| (partially) | 1 April 2009 | 2009/860 |
| (partially) | 27 April 2009 | 2009/860 |
| Schedule 1 (partially) | 1 April 2009 | 2009/860 |
| Schedule 5 | 14 July 2008 | 2008/1586 |
| Schedule 6 | 3 November 2008 | 2008/2712 |
| Schedule 8 | 14 July 2008 | 2008/1586 |
| Schedule 9 (partially) | 1 February 2009 | 2009/140 |
| (partially) | 1 April 2009 | 2009/840 |
| Schedule 10 | 19 December 2008 | 2008/3260 |
| Schedule 11 | 3 November 2008 | 2008/2712 |
| Schedule 12 | 14 July 2008 | 2008/1586 |
| Schedule 14 | 26 January 2009 | 2008/2993 |
| Schedule 15 | 14 July 2008 | 2008/1586 |
| Schedule 20 | 1 December 2008 | 2008/2993 |
| Schedule 22 (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| Schedule 23 (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| Schedule 24 | 14 July 2008 | 2008/1586 |
| Schedule 25 (partially) | 31 October 2009 | 2009/1028 |
| Schedule 26 (partially) | 9 June 2008 | 2008/1466 |
| (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 15 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 26 January 2009 | 2008/2993 |
| (partially) | 27 April 2009 | 2009/860 |
| (partially) | 8 July 2009 | 2009/1678 |
| Schedule 27 (partially) | 9 June 2008 | 2008/1466 |
| (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 1 December 2008 | 2008/2993 |
| (partially) | 19 December 2008 | 2008/3260 |
| (partially) | 26 January 2009 | 2008/2993 |
| (partially) | 1 February 2009 | 2009/140 |
| (partially) | 1 April 2009 | 2009/860 |
| (partially) | 3 August 2009 | 2009/1842 |
| Schedule 28 (partially) | 14 July 2008 | 2008/1586 |
| (partially) | 3 November 2008 | 2008/2712 |
| (partially) | 1 December 2008 | 2008/2993 |
| (partially) | 1 April 2009 | 2009/860 |
| (partially) | 27 April 2009 | 2009/860 |
| (partially) | 8 July 2009 | 2009/1678 |