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Crime and Disorder Act 1998

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SupplementalU.K.

114 Orders and regulations.E+W

(1)Any power of a Minister of the Crown [F1or of the National Assembly for Wales] to make an order or regulations under this Act—

(a)is exercisable by statutory instrument; and

(b)includes power to make such transitional provision as appears to him necessary or expedient in connection with any provision made by the order or regulations.

(2)A statutory instrument containing an order under section F2...[F35(1A), (2) or (3)F4. . . [F510(6), 66C(1) or 66H(e)(vi)] above (other than one made by the National Assembly for Wales), or containing] regulations under [F6section 6 or 17A or] paragraph 1 of Schedule 3 to this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F7(2A)Subsection (2) also applies to a statutory instrument containing—

(a)an order under section 66C(4) unless the order makes provision of the kind mentioned in subsection (3A)(a) below, or

(b)an order under section 66G(5) other than the first such order.]

(3)No order under section [F81F,][F95(6),][F1013A(5),][F1117(4), 38(5), 41(6) [F12, 66A(6)] or 115(3)] above shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

[F13(3A)Subsection (3) also applies to—

(a)an order under section 66C(4) which makes provision increasing the figure in section 66C(3) by more than is necessary to reflect changes in the value of money, and

(b)the first order under section 66G(5).]

[F14(4)The Secretary of State must consult the National Assembly for Wales before making an order under section 5(6), 17(4) or 115(3) that relates to a person or body any of whose functions are dischargeable in relation to Wales (not being functions of the kind referred to in section 5(8)).]

Textual Amendments

F1Words in s. 114(1) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(13)(a), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F3Words in s. 114(2) substituted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(13)(b), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F6Words in s. 114(2) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(2)(b); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F9Words in s. 114(3) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(3)(a); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F10Words in s. 114(3) inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 5; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F11Words in s. 114(3) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(3)(b); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F14S. 114(4) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 6(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

115 Disclosure of information.E+W+S

(1)Any person who, apart from this subsection, would not have power to disclose information—

(a)to a relevant authority; or

(b)to a person acting on behalf of such an authority,

shall have power to do so in any case where the disclosure is necessary or expedient for the purposes of any provision of this Act.

(2)In [F15this section]relevant authority” means—

(a)the chief officer of police for a police area in England and Wales;

[F16(b)the chief constable of the Police Service of Scotland;]

(c)a [F17local policing body] within the meaning given by section 101(1) of the M1Police Act 1996;

(d)a local authority, that is to say—

(i)in relation to England, a county council, a district council, a London borough council [F18, a parish council] or the Common Council of the City of London;

(ii)in relation to Wales, a county council [F19, a county borough council or a community council];

(iii)in relation to Scotland, a council constituted under section 2 of the M2Local Government etc. (Scotland) Act 1994;

[F20(dza)a non-profit registered provider of social housing;]

[F21(da)a person registered under section 1 of the Housing Act 1996 as a social landlord;]

(e)a [F22local probation board] in England and Wales;

F23[F24(ea). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F25(eb)probation trust

(ec)a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3(2) of the Offender Management Act 2007]

(f)a [F26Local Health Board];

[F27(fa)[F28NHS England];

[F29(fb)an integrated care board;]]

F30(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31[F32(h)the London Fire Commissioner;]

(i)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

[F33(ia)a fire and rescue authority created by an order under section 4A of that Act;]

(j)a metropolitan county fire and rescue authority.]

[F34(3)The appropriate national authority may by order amend this section so far as it extends to England and Wales by—

(a)adding an entry for any person or body to the list of authorities in subsection (2),

(b)altering or repealing any entry for the time being included in the list, or

(c)adding, altering or repealing provisions for the interpretation of entries in the list.

(4)In subsection (3) “the appropriate national authority” has the same meaning as in section 5.]

Textual Amendments

F15Words in s. 115(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F17Words in s. 115(2)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 238; S.I. 2011/3019, art. 3, Sch. 1 para. (nnn)(iii)

F18Words in s. 115(2)(d)(i) inserted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(a), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F19Words in s. 115(2)(d)(ii) substituted (1.10.2002 for E. and 1.4.2003 for W.) by Police Reform Act 2002 (c. 30), ss. 97(14)(b), 108(2)(4); S.I. 2002/2306, art. 2(f)(viii); S.I. 2003/525, art. 2

F21S. 115(2)(da) inserted (E.W.) (18.1.2005) by Housing Act 2004 (c. 34), ss. 219, 270(3)(a)

F22Words in s. 115(2)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 151; S.I. 2001/919, art. 2(f)(ii)

F26Words in s. 115(2)(f) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 29(2)(f)

F31S. 115(2)(h) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 106; S.I. 2018/227, reg. 4(c)

F32S. 115(2)(h)-(j) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a)(5), Sch. 9 para. 7(2); S.I. 2007/1614, art 3(b); S.I. 2007/3251, art. 2

F33S. 115(2)(ia) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 80; S.I. 2007/399, reg. 2, Sch. para. 38

F34S. 115(3)(4) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 7(3); S.I. 2007/1614, art. 3(b); S.I. 2007/3073, art. 2(a)

Modifications etc. (not altering text)

Commencement Information

I1S. 115 wholly in force; S. 115 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

116 Transitory provisions.E+W

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

117 General interpretation.E+W+S

(1)In this Act—

  • the 1933 Act” means the M3Children and Young Persons Act 1933;

  • the 1969 Act” means the M4Children and Young Persons Act 1969;

  • the 1973 Act” means the M5Powers of Criminal Courts Act 1973;

  • the 1980 Act” means the M6Magistrates’ Courts Act 1980;

  • the 1982 Act” means the M7Criminal Justice Act 1982;

  • the 1984 Act” means the M8Police and Criminal Evidence Act 1984;

  • the 1985 Act” means the M9Prosecution of Offences Act 1985;

  • the 1989 Act” means the M10Children Act 1989;

  • the 1991 Act” means the M11Criminal Justice Act 1991;

  • the 1994 Act” means the M12Criminal Justice and Public Order Act 1994;

  • the 1997 Act” means the M13Crime (Sentences) Act 1997;

  • caution” has the same meaning as in Part V of the M14Police Act 1997;

  • child” means a person under the age of 14;

  • F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • custodial sentence” has [F37the meaning given by section 222 of the Sentencing Code];

  • guardian” has the same meaning as in the 1933 Act;

  • [F38local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;]

  • prescribed” means prescribed by an order made by the Secretary of State;

  • young person” means a person who has attained the age of 14 and is under the age of 18;

  • youth offending team” means a team established under section 39 above.

(2)In this Act—

  • the 1993 Act” means the M15Prisoners and Criminal Proceedings (Scotland) Act 1993; and

  • the 1995 Act” means the M16Criminal Procedure (Scotland) Act 1995.

(3)For the purposes of this Act, the age of a person shall be deemed to be that which it appears to the court to be after considering any available evidence.

Textual Amendments

F36S. 117(1): definition of "commission area" omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 60

F38S. 117(1): definition of “local probation board” inserted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 152; S.I. 2001/919, art. 2(f)(ii)

Marginal Citations

118 Provision for Northern Ireland.N.I.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M17Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 above—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I2S. 118 wholly in force; S. 118 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

F39119 Minor and consequential amendments.U.K.

The enactments mentioned in Schedule 8 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

Textual Amendments

F39S. 119 wholly in force; S. 119 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

120 Transitional provisions, savings and repeals.E+W

(1)The transitional provisions and savings contained in Schedule 9 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 M18Interpretation Act 1978 (which relate to the effect of repeals).

(2)The enactments specified in Schedule 10 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Commencement Information

I3S. 120 partly in force; S. 120 not in force at Royal Assent see s. 121; S. 120(1)(2) in force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

121 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Crime and Disorder Act 1998.

(2)This Act, except this section, sections 109 and 111(8) above and paragraphs 55, 99 and 117 of Schedule 8 to this Act, shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or different areas.

(3)Without prejudice to the provisions of Schedule 9 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 (12) below, this Act extends to England and Wales only.

(5)The following provisions extend to Scotland only, namely—

(a)Chapter II of Part I;

(b)section 33;

(c)Chapter II of Part IV;

(d)sections 108 to 112 and 117(2); and

(e)paragraphs 55, 70, 71, 98 to 108, 115 to 124 and 140 to 143 of Schedule 8 and section 119 above so far as relating to those paragraphs.

(6)The following provisions also extend to Scotland, namely—

(a)Chapter III of Part I;

(b)section 36(3) to (5);

[F40(bb)sections 52A and 52B;]

F41(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)section 115;

(e)paragraph 3 of Schedule 3 to this Act and section 52(6) above so far as relating to that paragraph;

F42(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)paragraphs 1, 7(1) and (3), 14(1) and (2), 35, 36, 45, 135, 136 and 138 of Schedule 8 to this Act and section 119 above so far as relating to those paragraphs; and

(h)this section.

(7)Sections 36(1), (2)(a), (b) and (d) and (6)(b) and section 118 above extend to Northern Ireland only.

(8)Section 36(3)(b), (4) and (5) above, paragraphs 7(1) and (3), 45, 135 and 138 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to Northern Ireland.

(9)Section 36(5) above, paragraphs 7(1) and (3), 45 and 134 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Isle of Man.

(10)Section 36(5) above, paragraphs 7(1) and (3), 45 and 135 of Schedule 8 to this Act, section 119 above so far as relating to those paragraphs and this section also extend to the Channel Islands.

(11)The repeals in Schedule 10 to this Act, and section 120(2) above so far as relating to those repeals, have the same extent as the enactments on which the repeals operate.

(12)F43. . . and in Schedule 1 to the 1997 Act—

(a)paragraph 14 (restricted transfers between the United Kingdom and the Channel Islands) as applied in relation to the Isle of Man; and

(b)paragraph 19 (application of Schedule in relation to the Isle of Man),

apply to the amendments of that Schedule made by paragraph 135 of Schedule 8 to this Act.

Subordinate Legislation Made

P1S. 121 power partly exercised (31.7.1998): 1.8.1998 and 7.8.1998 appointed days for specified provisions by S.I. 1998/1883

S. 121 power partly exercised (19.9.1998): differenbt dates appointed for specified provisions by S.I. 1998/2327

S. 121 power partly exercised (21.12.1998): different dates appointed for specified provisions by S.I. 1998/3263

S. 121 power partly exercised (4.5.1999): 1.6.1999 appointed for specified provisions by S.I. 1999/1279, art. 2

S. 121 power partly exercised (28.10.1999): 1.11.1999 appointed for specified provisions by S.I. 1999/2976, art. 2

S. 121 power partly exercised (15.12.1999): 1.4.2000 appointed for specified provisions by S.I. 1999/3426, art. 3 (with art. 4)

S. 121 power partly exercised (28.3.2000): different dates appointed for specified provisions by S.I. 2000/924, arts. 2-5

S. 121 power partly exercised (15.12.2000): 15.1.2001 appointed for specified provisions by S.I. 2000/3283, art. 2 (with art. 3)

Textual Amendments

F42S. 121(6)(f) repealed (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

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