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Statutory Instruments

2002 No. 2750 (C. 85)

POLICE

The Police Reform Act 2002 (Commencement No. 3) Order 2002

Made

5th November 2002

In exercise of the powers conferred upon him by section 108(2) of the Police Reform Act 2002(1), the Secretary of State hereby makes the following Order:

1.—(1) This Order may be cited as the Police Reform Act 2002 (Commencement No. 3) Order 2002.

(2) In this Order, “the 2002 Act” means the Police Reform Act 2002.

2.  The following provisions of the 2002 Act shall come into force on 2nd December 2002—

(a)in Part 4 (police powers etc)—

(i)section 38 (police powers for police authority employees);

(ii)in Schedule 4 (powers exercisable by police civilians)—

(a)paragraph 1, except sub-paragraph 1(2)(a);

(b)paragraph 2 (1),(2), (5), except sub-paragraphs (b) and (c), and (6);

(c)paragraph 3(1); and

(d)paragraphs 5 to 8 and 10 to 36;

(iii)sections 40 and 41 (community safety accreditation schemes) and Schedule 5 (powers exercisable by accredited persons);

(iv)section 44 (powers of traffic wardens);

(v)section 46 (offences against designated and accredited persons);

(vi)section 50 (power to require name and address from persons acting in anti-social manner);

(vii)sections 61, 62, 64, 65, except new section 1D(1)(b) of the Crime and Disorder Act 1998(2), and 66 except new section 1E(1)(b) of the Crime and Disorder Act 1998 (anti-social behaviour); and

(viii)sections 67 to 69 and 72 to 74 (sex offender orders);

(b)in Part 7 (supplemental)—

(i)section 107 (consequential amendments and repeals) in so far as it relates to the entries in Schedules 7 and 8 in sub-paragraphs (ii) and (iii) below;

(ii)paragraphs 4, 8 and 9 of Schedule 7 (minor and consequential amendments); and

(iii)in Schedule 8 (repeals), the entries relating to:

(a)the Road Traffic Regulation Act 1984;

(b)the Police and Criminal Evidence Act 1984; and

(c)section 1 of the Crime and Disorder Act 1998.

3.  The following provisions of Schedule 4 to the 2002 Act shall come into force on 2nd December 2002 in the police areas(3) of Devon and Cornwall, Gwent, Lancashire, Northamptonshire, West Yorkshire and the metropolitan police district only—

(a)paragraph 2 (3), (4), (5)(b) and (c);

(b)paragraph 3(2); and

(c)paragraph 4.

4.  The following provisions of the 2002 Act shall come into force on 1st January 2003—

(a)section 59 (seizure of vehicles); and

(b)paragraph 9 of Schedule 4 (seizure of vehicles by police civilians).

5.  Section 82 (nationality requirements) of the 2002 Act, to the extent not already in force, shall come into force on 3rd February 2003.

John Denham

Minister of State

Home Office

5th November 2002

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions of the Police Reform Act 2002 set out in article 2 on 2nd December 2002. The provisions set out in article 3 are brought into force on that date in certain police areas only. The provisions set out in article 4 are brought into force on 1st January 2003 and those in article 5 on 3rd February 2003.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the Police Reform Act 2002 have been brought into force by commencement order made before the date of this Order:

ProvisionDate of commencementS.I. No.
Part 11st October 20022002/2306
Section 9(2) to (4) and (6)(in part)1st October 20022002/2306
Section 13 (in part)1st October 20022002/2306
Section 14 (in part)1st October 20022002/2306
Section 17 (in part)1st October 20022002/2306
Section 191st October 20022002/2306
Section 20 (in part)1st October 20022002/2306
Section 21 (in part)1st October 20022002/2306
Section 231st October 20022002/2306
Section 24 (in part)1st October 20022002/2306
Section 25 (in part)1st October 20022002/2306
Sections 28 and 291st October 20022002/2306
Sections 34 to 361st October 20022002/2306
Section 39 (in part)1st October 20022002/2306
Section 431st October 20022002/2306
Sections 47 to 491st October 20022002/2306
Section 54 (in part)1st October 20022002/2306
Section 56 (in part)1st October 20022002/2306
Section 55 (in part)1st October 20022002/2306
Section 57 (in part)1st October 20022002/2306
Section 58 (in part)1st October 20022002/2306
Section 601st October 20022002/2306
Sections 70 and 711st October 20022002/420 (Scotland)
Sections 75 to 781st October 20022002/2306
Sections 80 and 811st October 20022002/2306
Section 82 (in part)1st October 20022002/2306
Section 831st October 20022002/2306
Section 841st November 20022002/2306
Section 851st October 20022002/2306
Sections 88 and 891st October 20022002/2306
Section 90 (in part)1st October 20022002/2306
Section 92 (in part)1st October 20022002/2306
(in part)1st November 20022002/2306
Sections 93 and 941st October 20022002/2306
Section 97 (in part)1st October 20022002/2306
Section 98 (in part)1st October 20022002/2306
Section 991st October 20022002/2306
Section 1011st October 20022002/2306
Section 102 (in part)1st October 20022002/2306
(in part)1st October 20022002/420 (Scotland)
Section 103 (in part)1st October 20022002/2306
(in part)1st October 20022002/420 (Scotland)
Section 104 (in part)1st October 20022002/2306
(in part)1st October 20022002/420 (Scotland)
Section 107 (in part)1st October 20022002/2306
Schedule 11st October 20022002/2306
Schedule 2 (in part)1st October 20022002/2306
Schedule 3 (in part)1st October 20022002/2306
Schedule 61st October 20022002/2306
Schedule 7 (in part)1st October 20022002/2306
Schedule 8 (in part)1st October 20022002/2306
(3)

The term “police area” has the meaning ascribed to it in section 101 of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).