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Statutory Instruments

2021 No. 723

Criminal Law, England And Wales

The Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) (No. 2) Order 2021

Made

17th June 2021

Laid before Parliament

21st June 2021

Coming into force

13th July 2021

The Attorney General makes the following Order in exercise of the powers conferred by section 3(3) of the Prosecution of Offences Act 1985(1).

Citation and commencement

1.—(1) This Order may be cited as the Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) (No. 2) Order 2021.

(2) This Order comes into force on 13th July 2021.

Amendment of the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999

2.—(1) The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999(2) is amended as follows.

(2) In the Schedule (offences proceedings for which are specified by article 3(1)), after paragraph 16Z2(3) insert—

16Z3.  The offences under the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021(4).

16Z4.  The offences under the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021(5)..

Michael Ellis

Attorney General

17th June 2021

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made under section 3 of the Prosecution of Offences Act 1985 (c. 23). Section 3 sets out the functions of the Director of Public Prosecutions. These include taking over the conduct of all criminal proceedings instituted on behalf of a police force, unless the proceedings are specified in an Order made by the Attorney General under section 3(3).

The Schedule to the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (S.I. 1999/904) specifies certain such proceedings. This Order amends that Schedule by specifying further offences for the purposes of section 3(3) of the Prosecution of Offences Act 1985. The offences are those under the Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364) and the Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021 (S.I. 2021/582).

A full impact assessment has not been produced for this Order as no impact on the private or voluntary sectors is foreseen.

(1)

1985 c. 23. See definition of “specified proceedings” in subsection (3). There are amendments to section 3 but none is relevant.

(3)

Paragraph 16Z2 was inserted by S.I. 2021/126.