The Offensive Weapons Act 2019 (Commencement No. 2) (England and Wales) Regulations 2021

Period for which KCPOs and interim knife crime prevention orders are to have effect E+W

3.—(1) Where an interim KCPO is made during the specified period under section 17 or 18 of the 2019 Act, the order is to cease to have effect at the end of the specified period (unless the order ceases to have effect before that date under sections 23(4), (5) or (9) or 27 of the 2019 Act, as the case may be(1));

(2) Where a KCPO is made during the specified period under section 14 or 19 of the 2019 Act but does not take effect before the end of the specified period(2), the order is to cease to have effect at the end of that period (unless the order ceases to have effect before that date under sections 23(3), (9) or 27 of the 2019 Act, as the case may be(3));

(3) Where a KCPO is made during the specified period under section 14 or 19 of the 2019 Act and has effect immediately before the end of the specified period, the order is to cease to have effect at the end of the period of 6 months following the end of the specified period (unless the order ceases to have effect before that date under sections 23(3), (9) or 27 of the 2019 Act, as the case may be).

Commencement Information

I1 Reg. 3 in force at made date

(1)

Section 23(4) and (5) of the 2019 Act makes provision for cessation of interim knife crime prevention orders on the determination of the substantive knife crime prevention order application subject to variation, renewal or discharge under section 27. Section 23(9) provides that, where a court makes a knife crime prevention order or interim knife crime prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect.

(2)

Section 23(7) of the 2019 Act makes provision for when a knife crime prevention order may take effect.

(3)

Section 23(3) of the 2019 Act provides that a knife crime prevention order must specify the period for which it has effect. Section 23(9) provides that, where a court makes a knife crime prevention order or an interim knife crime prevention order in respect of a defendant who is already subject to such an order, the earlier order ceases to have effect. Section 27 of the Act makes provision for variation, renewal or discharge of such an order.