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Statutory Instruments

2015 No. 813 (C. 48)

Proceeds Of Crime, England And Wales

Legal Aid And Advice, England And Wales

Criminal Law

The Crime and Courts Act 2013 (Commencement No. 12) Order 2015

Made

19th March 2015

The Secretary of State makes the following Order in exercise of the power conferred by section 61(2) of the Crime and Courts Act 2013(1).

Citation

1.  This Order may be cited as the Crime and Courts Act 2013 (Commencement No. 12) Order 2015.

Provisions coming into force on the day after the day this order is made

2.  The following provisions of the Crime and Courts Act 2013 come into force on the day after the day this order is made—

(a)in section 46 (restraint orders and legal aid)—

(i)subsection (1), so far as it relates to the provisions in sub-paragraphs (ii) and (iii);

(ii)subsection (5), for the purpose of exercising the power to prescribe by regulations; and

(iii)subsections (6) and (7);

(b)section 47 (restraint orders and legal aid: supplementary).

Provisions coming into force on 1st June 2015

3.  The following provisions of the Crime and Courts Act 2013 come into force on 1st June 2015—

(a)section 18 (youth courts to have jurisdiction to grant gang-related injunctions);

(b)section 46, so far as it is not already in force;

(c)Schedule 12 (gang-related injunctions: further amendments).

Karen Bradley

Parliamentary Under Secretary of State

Home Office

19th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the twelfth commencement order made under the Crime and Courts Act 2013 (c. 22).

Section 18 amends Part 4 of the Policing and Crime Act 2009 (‘the 2009 Act’) to provide for applications for gang-related injunctions for 14 to 17 year olds to be heard in the youth court, sitting in a civil capacity, rather than in the county court (or High Court). Schedule 12 makes consequential and related amendments to the 2009 Act.

Sections 46 and 47 make provision to enable property that is subject to a restraint order in accordance with Part 2 of the Proceeds of Crime Act 2002 (c. 29) to be used to make a legal aid payment. A legal aid payment is a payment that a person is obliged to make under the relevant legal aid legislation in relation to legal services provided to that person.

Article 2 commences the regulation-making powers in sections 46 and 47 on the day after the day this order is made, to enable regulations under those sections to be made. In accordance with article 3, the other provisions commenced by this Order come into force on 1st June 2015.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the Crime and Courts Act 2013 have been brought into force by commencement order before the date of this Order—

ProvisionDate of CommencementS.I. No.

Section 1(1) and (2)

27th May 2013

2013/1042

Section 1(3) to (11)

7th October 2013

2013/1682

Section 1(12) (partially)

27th May 2013

2013/1042

Section 1(12), so far as not already in force

7th October 2013

2013/1682

Section 2

7th October 2013

2013/1682

Section 3

27th May 2013

2013/1042

Section 4(1)

7th October 2013

2013/1682

Section 4(2) to (9)

27th May 2013

2013/1042

Section 4(10) (partially)

27th May 2013

2013/1042

Section 4(10), so far as not already in force

7th October 2013

2013/1682

Section 5(1) to (9), (11) and (12)

7th October 2013

2013/1682

Section 5(10) (partially)

8th May 2013

2013/1042

Section 5(10), so far as not already in force

7th October 2013

2013/1682

Section 6(1), (3) and (4)

7th October 2013

2013/1682

Section 6(2)

27th May 2013

2013/1042

Section 7

7th October 2013

2013/1682

Section 8(1) to (5)

7th October 2013

2013/1682

Section 8(6) (partially)

8th May 2013

2013/1042

Section 8(6), so far as not already in force

7th October 2013

2013/1682

Section 9(1) to (3) and (5) to (8)

7th October 2013

2013/1682

Section 9(4) (partially)

8th May 2013

2013/1042

Section 9(4) (partially)

27th May 2013

2013/1042

Section 9(4), so far as not already in force

7th October 2013

2013/1682

Section 10

7th October 2013

2013/1682

Section 11(1) to (5), (7) and (8)

7th October 2013

2013/1682

Section 11(6) (partially)

8th May 2013

2013/1042

Section 11(6), so far as not already in force

7th October 2013

2013/1682

Section 11(9) (partially)

8th May 2013

2013/1042

Section 11(9), so far as not already in force

7th October 2013

2013/1682

Section 12

7th October 2013

2013/1682

Section 13

7th October 2013

2013/1682

Section 14

8th May 2013

2013/1042

Section 15(1) and (2)

7th October 2013

2013/1682

Section 15(3) (partially)

8th May 2013

2013/1042

Section 15(3) (partially)

27th May 2013

2013/1042

Section 15(3) (partially)

7th October 2013

2013/1682

Section 16

8th May 2013

2013/1042

Section 17(4)

4th September 2013

2013/2200

Section 17(5) (partially)

1st October 2013

2013/1725

Section 17, so far as not already in force

22nd April 2014

2014/954

Section 20 (partially)

15th July 2013

2013/1725

Section 20 (partially)

4th September 2013

2013/2200

Section 20 (partially)

1st October 2013

2013/2200

Section 21

1st October 2013

2013/2200

Section 22

1st November 2013

2013/2200

Section 23

15th July 2013

2013/1725

Section 24

7th January 2014

2013/3176

Section 25(4) (partially)

15th July 2013

2013/1725

Section 25(5) and (8)

15th July 2013

2013/1725

Section 25, so far as not already in force

6th April 2014

2014/830

Section 27

11th December 2013

2013/2981

Section 28

22nd April 2014

2014/954

Section 29

15th July 2013

2013/1725

Section 30

1st October 2013

2013/2200

Section 32

15th July 2013

2013/1725

Section 44 (partially)

11th December 2013

2013/2981

Section 45

24th February 2014

2014/258

Section 49 (partially)

22nd November 2014

2014/3098

Section 50 (partially)

29th July 2013

2013/1682

Section 50 (partially, as to England and Wales )

29th July 2013

2013/1682

Section 50 (partially)

18th September 2013

2013/2349

Section 50 (partially, as to England and Wales and Northern Ireland)

14th October 2013

2013/2349

Section 50 (partially, as to Northern Ireland)

14th October 2013

2013/2349

Section 51

8th May 2013

2013/1042

Section 52

25th June 2013

2013/1042

Section 53

25th June 2013

2013/1042

Section 54

25th June 2013

2013/1042

Section 55(1) and (2)

25th June 2013

2013/1042

Section 55(3) (partially)

25th June 2013

2013/1042

Section 55(3), so far as not already in force

22nd November 2014

2014/3098

Section 55(4)

22nd November 2014

2014/3098

Section 55(5)

25th June 2013

2013/1042

Section 55(6) to (13)

25th June 2013

2013/1042

Section 55(14) (partially)

25th June 2013

2013/1042

Section 57

1st February 2014

2013/2981

Schedule 1, paragraph 7

27th May 2013

2013/1042

Schedule 1, so far as not already in force

7th October 2013

2013/1682

Schedule 2, paragraphs 1, 4 and 5

27th May 2013

2013/1042

Schedule 2, so far as not already in force

7th October 2013

2013/1682

Schedule 3, paragraph 34

8th May 2013

2013/1042

Schedule 3, so far as not already in force

7th October 2013

2013/1682

Schedule 4, paragraph 1

8th May 2013

2013/1042

Schedule 4, so far as not already in force

7th October 2013

2013/1682

Schedule 5, paragraphs 5, 27, 28, 29 and 30

8th May 2013

2013/1042

Schedule 5, paragraph 4

27th May 2013

2013/1042

Schedule 5, so far as not already in force

7th October 2013

2013/1682

Schedule 6, paragraph 5(5) and (6)

8th May 2013

2013/1042

Schedule 6, so far as not already in force

7th October 2013

2013/1682

Schedule 7

7th October 2013

2013/1682

Schedule 8, paragraphs 1 to 5 and 13

8th May 2013

2013/1042

Schedule 8, paragraphs 101 to 103

27th May 2013

2013/1042

Schedule 8, paragraphs 6 to 10, 12 to 100 and 104 to 190

7th October 2013

2013/1682

Schedule 9, paragraphs 21 (except for sub-paragraph (3)), 27 and 30

1st October 2013

2013/1725

Schedule 9, so far as not already in force

22nd April 2014

2014/954

Schedule 10

22nd April 2014

2014/954

Schedule 11

22nd April 2014

2014/954

Schedule 13, Parts 2, 6 and 7

15th July 2013

2013/1725

Schedule 13, Part 3

4th September 2013

2013/2200

Schedule 13, Parts 1 and 4 (partially)

1st October 2013

2013/2200

Schedule 14

1st October 2013

2013/2200

Schedule 16, Parts 1 to 3 and 5 to 7, and so far as extending to the United Kingdom, Part 8 (except paragraph 37)

11th December 2013

2013/2981

Schedule 17

24th February 2014

2014/258

Schedule 19, paragraphs 24, 26 and 28 (all partially)

22nd November 2014

2014/3098

Schedule 20, paragraphs 16 to 29

29th July 2013

2013/1682

Schedule 20, paragraphs 10 to 15, as to England and Wales

29th July 2013

2013/1682

Schedule 20, paragraphs 3 and 6 (partially)

18th September 2013

2013/2349

Schedule 20, Part 1, so far as not already in force as to England and Wales and Northern Ireland

14th October 2013

2013/2349

Schedule 20, Part 2, as to Northern Ireland

14th October 2013

2013/2349

Schedule 21, paragraphs 1 to 13

25th June 2013

2013/1042

Schedule 21, paragraph 14 (partially)

25th June 2013

2013/1042

Schedule 21, paragraph 14, so far as not already in force

22nd November 2014

2014/3098

Schedule 21, paragraphs 15 to 18

22nd November 2014

2014/3098

Schedule 21, paragraphs 19

25th June 2013

2013/1042

Schedule 21, paragraphs 20 to 29

22nd November 2014

2014/3098

Schedule 21, paragraphs 30 to 38

25th June 2013

2013/1042

Schedule 21, paragraphs 39 to 50

25th June 2013

2013/1042