Criminal Justice Act 1991

Part VI Supplemental

98 Expenses etc. under Act

There shall be paid out of money provided by Parliament—

(a) any sums required by the Secretary of State for making payments under contracts entered into under section 13, 80 or 84 above, or payments to or in respect of inspectors of probation appointed under section 73 above;

(b) any sums so required for defraying the expenses of the Parole Board, or any expenses incurred by members of lay panels appointed under section 81 above;

(c) any administrative expenses incurred by the Secretary of State under this Act; and

(d) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

99 General interpretation

(1) In this Act—

• “the 1933 Act” means the [1933 c. 12.] Children and Young Persons Act 1933;

• “the 1952 Act” means the [1952 c. 52.] Prison Act 1952;

• “the 1967 Act” means the [1967 c. 80.] Criminal Justice Act 1967;

• “the 1969 Act” means the [1969 c. 54.] Children and Young Persons Act 1969;

• “the 1973 Act” means the [1973 c. 62.] Powers of Criminal Courts Act 1973;

• “the 1979 Act” means the [1979 c. 55.] Justices of the Peace Act 1979;

• “the 1980 Act” means the [1980 c. 43.] Magistrates' Courts Act 1980;

• “the 1982 Act” means the [1982 c. 48.] Criminal Justice Act 1982;

• “the 1983 Act” means the [1983 c. 20.] Mental Health Act 1983;

• “the 1988 Act” means the [1988 c. 33.] Criminal Justice Act 1988;

• “child”, unless the contrary intention appears, means a person under the age of fourteen years;

• “prison rules” means rules made under section 47 of the 1952 Act;

• “young person” means a person who has attained the age of fourteen years and is under the age of eighteen years.

(2) For the purposes of any provision of this Act which requires the determination of the age of a person by the court or the Secretary of State, his age shall be deemed to be that which it appears to the court or the Secretary of State to be after considering any available evidence.

100 Minor and consequential amendments

The enactments mentioned in Schedule 11 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).

101 Transitional provisions, savings and repeals

(1) The transitional provisions and savings contained in Schedule 12 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (which relate to the effect of repeals).

(2) The enactments mentioned in Schedule 13 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Schedule.

102 Short title, commencement and extent

(1) This Act may be cited as the Criminal Justice Act 1991.

(2) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions or for different purposes.

(3) Without prejudice to the provisions of Schedule 12 to this Act, an order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.

(4) Subject to subsections (5) to (8) below, this Act extends to England and Wales only.

(5) The following provisions of this Act, namely—

(a) this section;

(b) sections 16, 17(1) and (2), 24 and 26(3) and (4); and

(c) Schedule 3, paragraph 6 of Schedule 6, paragraph 5 of Schedule 8, paragraph 15 of Schedule 11 to this Act and, so far as relating to the [1968 c. 49.] Social Work (Scotland) Act 1968, Schedule 13,

also extend to Scotland; and section 23(2) above and, in so far as relating to the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975, Schedule 13 to this Act extend to Scotland only.

(6) This section, section 16 above, Schedule 3 to this Act, paragraph 16 of Schedule 11 to this Act and, so far as relating to the [1968 c. 49.] Social Work (Scotland) Act 1968, Schedule 13 to this Act also extend to Northern Ireland.

(7) An Order in Council under section 81(11) of the 1982 Act may direct that both or either of—

(a) section 37 of that Act as amended by section 17(1) above; and

(b) section 32 of the 1980 Act as amended by section 17(2) above,

shall extend, subject to such modifications as may be specified in the Order, to the Isle of Man or any of the Channel Islands.

(8) Nothing in subsection (4) above affects the extent of this Act in so far as it amends or repeals any provision of the [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955, the [1957 c. 53.] Naval Discipline Act 1957 or the [1991 c. 62.] Armed Forces Act 1991.