2013 No. 470 (C. 20)
The Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013
Made
The Secretary of State makes the following Order in exercise of the powers conferred by sections 116 and 120(1) of the Protection of Freedoms Act 20121.
Citation and interpretation1
1
This Order may be cited as the Protection of Freedoms Act 2012 (Commencement No. 5 and Saving and Transitional Provision) Order 2013.
Provisions coming into force on 6th April 20132
The day appointed for the coming into force of the following provisions of the Act is 6th April 2013—
a
section 109 (trafficking people for sexual exploitation);
b
section 110 (trafficking people for labour and other exploitation);
c
section 115(1) (consequential amendments) in so far as it relates to the provisions specified in sub-paragraph (d);
d
in Schedule 9, paragraphs 136 to 142;
e
section 115(2) (repeals and revocations) in so far as it relates to the provisions specified in sub-paragraph (f); and
f
in Schedule 10, the repeals in Part 9.
Saving and transitional provision
3
The amendments and repeals made by the following provisions of the Act do not apply in relation to offences committed wholly or partly before 6th April 2013—
a
sections 109 and 110;
b
paragraphs 136(a), 138 and 140(2) and (3) of Schedule 9.
4
Section 4 of the 2004 Act continues to apply, without the amendments made by section 110 of the Act, for the purposes of interpreting the references to an individual who is a passenger in section 25C(9), (10) and (11) of the Immigration Act 19714.
5
1
This article applies where in any proceedings—
a
a person (“D”) is charged in respect of the same conduct with—
i
an offence under any of sections 57 to 59 of the 2003 Act; and
ii
an offence under section 59A of the 2003 Act;
b
the only thing preventing D from being found guilty of an offence under section 59A is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;
c
the only thing preventing D from being found guilty of an offence under any of sections 57 to 59 is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.
2
For the purpose of determining D’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.
6
1
This article applies where in any proceedings—
a
a person (“P”) is charged in respect of the same conduct with—
i
an offence under section 4 of the 2004 Act as it was before it was amended by section 110 of the Act (“the old offence”); and
ii
an offence under section 4 of the 2004 Act as amended by section 110 of the Act (“the new offence”);
b
the only thing preventing P from being found guilty of the new offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly on or after 6th April 2013;
c
the only thing preventing P from being found guilty of the old offence is the fact that it has not been proved beyond reasonable doubt that the offence was committed wholly or partly before 6th April 2013.
2
For the purpose of determining P’s guilt it shall be conclusively presumed that the offence was committed wholly or partly before 6th April 2013.
7
A reference in articles 5 and 6 to an offence includes a reference to—
a
aiding, abetting, counselling or procuring the commission of the offence;
b
conspiracy to commit the offence;
c
an attempt to commit the offence; and
d
an offence under Part 2 of the Serious Crime Act 20075 (encouraging or assisting crime) in relation to the offence.
8
For the purposes of articles 3, 5 and 6, an offence is partly committed before 6th April 2013 if any act or omission which forms part of the offence takes place before that day.
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Protection of Freedoms Act 2012 have been brought into force by commencement order made before the date of this Order.
Provision | Date of Commencement | S.I.No. |
|---|---|---|
section 20 partially | 1st October 2012 | |
section 22 | 1st October 2012 | |
section 29 | 1st July 2012 | |
section 30 | 1st July 2012 | |
section 31 | 1st July 2012 | |
section 32 | 1st July 2012 | |
section 33 | 1st July 2012 | |
section 34 | 1st July 2012 | |
section 35 | 1st July 2012 | |
section 36 | 1st July 2012 | |
section 37 | 1st November 2012 | |
section 38 | 1st November 2012 | |
section 39(1) | 1st July 2012 | |
section 40 in relation to England | 1st July 2012 | |
section 41 in relation to England | 1st July 2012 | |
section 42 | 1st July 2012 | |
section 43 in relation to England | 1st July 2012 | |
section 44 in relation to England | 1st July 2012 | |
section 45 in relation to England | 1st July 2012 | |
section 46 in relation to England | 1st July 2012 | |
section 47 | 1st July 2012 | |
section 48 | 1st July 2012 | |
section 49 | 1st July 2012 | |
section 50 | 1st July 2012 | |
section 51 | 1st July 2012 | |
section 52 | 1st July 2012 | |
section 54 | 1st October 2012 | |
section 55 | 1st October 2012 | |
section 56 | 1st October 2012 | |
section 57 | 10th July 2012 | |
section 58 | 10th July 2012 | |
section 59 | 10th July 2012 | |
section 60 | 10th July 2012 | |
section 61 | 10th July 2012 | |
section 62 | 9th May 2012 | |
section 63 | 10th July 2012 | |
section 64 | 10th September 2012 | |
section 65 | 10th September 2012 | |
section 66 | 10th September 2012 | |
section 67 | 10th September 2012 | |
section 68 | 10th September 2012 | |
section 69 | 10th September 2012 | |
section 70 | 10th September 2012 | |
section 71 | 10th September 2012 | |
section 72 partially | 10th September 2012 | |
section 75 partially | 10th September 2012 | |
section 76 partially | 10th September 2012 | |
section 77 | 10th September 2012 | |
section 78 partially | 10th August 2012 | |
section 78 partially | 10th September 2012 | |
section 79 partially | 10th September 2012 | |
section 80 | 10th September 2012 | |
section 81 | 10th September 2012 | |
section 82 | 10th September 2012 | |
section 84 | 10th September 2012 | |
section 85 | 1st July 2012 | |
section 86 | 10th September 2012 | |
section 87 partially | 15th October 2012 | |
section 87 so far as not already in force | 1st December 2012 | |
section 92 | 1st October 2012 | |
section 93 | 1st October 2012 | |
section 94 | 1st October 2012 | |
section 95 | 1st October 2012 | |
section 96 | 1st October 2012 | |
section 97 | 1st October 2012 | |
section 98 | 1st October 2012 | |
section 99 | 1st October 2012 | |
section 100 | 1st October 2012 | |
section 101 | 1st October 2012 | |
section 104 | 1st July 2012 | |
section 111 | 25th November 2012 | |
section 112 | 25th November 2012 | |
section 114 | 1st October 2012 | |
section 115(1) partially | 1st July 2012 | |
section 115(1) partially | 10th July 2012 | |
section 115(1) partially | 10th September 2012 | |
section 115(1) partially | 1st October 2012 | |
section 115(1) partially | 1st October 2012 | |
section 115(1) partially section 115(1) partially | 15th October 2012 1st November 2012 | |
section 115(1) partially | 25th November 2012 | |
section 115(2) partially | 1st July 2012 | |
section 115(2) partially | 10th July 2012 | |
section 115(2) partially | 10th September 2012 | |
section 115(2) partially | 1st October 2012 | |
Schedule 4 | 1st October 2012 | |
Schedule 5 | 10th July 2012 | |
Schedule 6 | 10th July 2012 | |
Schedule 7 partially | 10th August 2012 | |
Schedule 7 partially | 10th September 2012 | |
Schedule 8 partially | 15th October 2012 | |
Schedule 8 so far as not already in force | 1st December 2012 | |
Schedule 9 partially | 1st July 2012 | |
Schedule 9 partially | 10th July 2012 | |
Schedule 9 partially | 10th September 2012 | |
Schedule 9 partially | 1st October 2012 | |
Schedule 9 partially | 1st October 2012 | |
Schedule 9 partially | 15th October 2012 | |
Schedule 9 partially | 1st November 2012 | |
Schedule 9 partially | 25th November 2012 | |
Schedule 10 partially | 1st July 2012 | |
Schedule 10 partially | 10th July 2012 | |
Schedule 10 partially | 10th September 2012 | |
Schedule 10 partially | 1st October 2012 |