Search Legislation

The Criminal Justice and Courts Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2015 No. 1778 (C. 108)

Criminal Procedure, England And Wales

Town And Country Planning, England And Wales

The Criminal Justice and Courts Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2015

Made

12th October 2015

The Secretary of State, in exercise of the powers conferred by sections 95(1) and (6) of the Criminal Justice and Courts Act 2015(1), makes the following Order:

Citation and Interpretation

1.  This Order may be cited as the Criminal Justice and Courts Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2015.

2.  In this Order “the Act” means the Criminal Justice and Courts Act 2015.

Commencement of Provisions of the Criminal Justice and Courts Act 2015

3.  The following provisions of the Act come into force on 26th October 2015—

(a)section 42 (duties of custody officer after charge: arrested juveniles); and

(b)subject to the transitional provisions in article 4—

(i)section 91 (procedure for certain planning challenges); and

(ii)Schedule 16 (procedure for certain planning challenges).

Transitional Provisions

4.  The following transitional provisions have effect in relation to Schedule 16 to the Act—

(a)the amendments made by paragraphs 2 and 4 to 7 do not apply in relation to proceedings challenging—

(i)an order confirmed or taking effect(2) before 26th October 2015;

(ii)a relevant costs order(3) made before 26th October 2015; or

(iii)an action or decision taken before 26th October 2015.

(b)the amendments made by paragraph 3 do not apply to proceedings challenging a relevant document where the relevant date (within the meaning of section 287(5) of the Town and Country Planning Act 1990)(4) is a date earlier than 26th October 2015; and

(c)the amendments made by paragraph 8 do not apply in relation to proceedings challenging a relevant document where the relevant date (within the meaning of section 113(11) of the Planning and Compulsory Purchase Act 2004(5)) is a date earlier than 26th October 2015.

Signed by authority of the Secretary of State for Department for Communities and Local Government

Brandon Lewis

Minister of State

Department for Communities and Local Government

12th October 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order commences section 42 and 91 of, and Schedule 16 to the Criminal Justice and Courts Act 2015 (c.2).

Section 42 of the Act amends section 37(15) of the Police and Criminal Evidence Act 1984, which defines “arrested juvenile” for the purposes of Part 4 of that Act (detention). The effect of the change is that 17 year olds are included in the definition of “arrested juvenile”. The amendments made by section 42 of the Act come into force on 26th October 2015.

Section 91 introduces Schedule 16 of the Act which provides that challenges to a range of planning-related decisions, orders and actions may only be brought with leave of the High Court. Applications for leave must be made within the six-week period following the decision order or action being challenged. Schedule 16 also provides that challenges to the validity of relevant costs orders connected with specific planning decisions, orders and actions can only be brought by way of statutory review.

The amendments made by section 91 and Schedule 16 of the Act only apply to decisions, orders or actions which are confirmed or take effect before 26th October 2015 or to any relevant documents where the date from which they can be challenged is before 26th October 2015.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Criminal Justice and Courts Act 2015 (c.2) have been brought into force by commencement order made before the date of this Order.

ProvisionDate of CommencementS.I. No.
Sections 1 to 713.04.20152015/778
Section 12 to 2713.04.20152015/778
Section 2817.07.20152015/1463
Sections 29 and 3013.04.20152015/778
Sections 32 to 3713.04.20152015/778
Sections 38 and 3920.03.20152015/778
Sections 40 and 4113.04.20152015/778
Sections 43 to 5113.04.20152015/778
Sections 53 to 6113.04.20152015/778
Sections 6313.04.20152015/778
Sections 6713.04.20152015/778
Sections 69 to 8313.04.20152015/778
Section 84(1) to (3)13.04.20152015/778
Section 8713.04.20152015/778
Section 9213.04.20152015/778
Schedules 1 and 213.04.20152015/788
Schedule 413.04.20152015/788
Schedule 517.07.20152015/1463
Schedule 613.04.20152015/788
Schedule 813.04.20152015/788
Schedules 9 and 1020.03.20152015/778
Schedules 11 to 1513.04.20152015/788
(2)

Orders under section 97 of the Town and Country Planning Act 1990 (c.8) and under section 23 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) take effect without confirmation by virtue of, respectively, sections 99 and 25 of those Acts. The amendments made by Schedule 16 make it clear that in those situations the date used for the calculation of time limits is the date on which the order takes effect; in all other cases, the date on which the order is confirmed is used.

(3)

The amendments made by Schedule 16 insert the defined term “relevant costs order” into sections 284 and 288 of the Town and Country Planning Act 1990 and into section 62 of the Planning (Listed Buildings and Conservation Areas) Act 1990. The meaning is materially identical in both cases: a relevant costs order is an order made under section 250(5) of the Local Government Act 1972 (orders as to the costs of parties), as applied by virtue of any provision of the Act in question.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources