The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005

Statutory Instruments

2005 No. 581

CRIMINAL LAW, ENGLAND AND WALES

The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005

Made

9th March 2005

Laid before Parliament

14th March 2005

Coming into force

4th April 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 3(1) and (1A) of the Criminal Justice and Police Act 2001(1) hereby makes the following Order:

1.  This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2005 and shall come into force on 4th April 2005.

2.—(1) The Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002(2) shall be amended as follows.

(2) In Part I of the Schedule after the entry relating to section 169F of the Licensing Act 1964(3), insert—

“Section 172(3) of the Licensing Act 1964 (c. 26)

Selling alcohol to a drunken person”.

(3) In Part II of the Schedule after the entry relating to section 56 of the British Transport Commission Act 1949(4), insert—

“Section 169C(1) of the Licensing Act 1964 (c. 26)

Buying or attempting to buy alcohol by a person under 18.”

Scotland of Asthal, Q.C.

Minister of State

Home Office

9th March 2005

Explanatory Note

(This note is not part of the Order)

This Order amends the Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 (S.I. 2002/1837) to reflect the creation of two new penalty offences. The offence of selling alcohol to a drunken person under section 172(3) of the Licensing Act 1964 is added to Part I of the Schedule, and the offence of buying or attempting to buy alcohol by a person under 18 under section 169C(1) of the Licensing Act 1964 is added to Part II of the Schedule.

(1)

2001 c. 16. Section 3(1A) was inserted by section 87 of the Anti-social Behaviour Act 2003.

(2)

S.I. 2002/1837. Previous amending instruments are S.I. 2004/316, S.I. 2004/2468 and S.I. 2004/3167.

(3)

1964 c. 26. The Licensing Act 1964 is prospectively repealed by the Licensing Act 2003 (c. 17). Section 169C was substituted by section 1 of the Licensing (Young Persons) Act 2000 (c. 30).

(4)

1949 c.xxix.