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section 261(1), | |
section 269, | |
section 277(5), | |
section 302(7), and | |
paragraph 5 of Schedule 27, | 5 |
(b) an order making any provision by virtue of section 309(2)(b) which | |
adds to, replaces or omits any part of the text of an Act, or | |
(c) rules under section 222(4)(a), | |
may only be made if a draft of the statutory instrument has been laid before, | |
and approved by a resolution of, each House of Parliament. | 10 |
(6) Any other statutory instrument made in the exercise of a power to which this | |
section applies is subject to annulment in pursuance of a resolution of either | |
House of Parliament. | |
(7) Subsection (6) does not apply to a statutory instrument containing only an | |
order made under one or more of the following provisions— | 15 |
section 184(3)(b), | |
section 197(3), | |
section 235(5), | |
section 302(6)(i), and | |
section 312. | 20 |
307 Further minor and consequential amendments | |
Schedule 32 (further minor and consequential amendments) shall have effect. | |
308 Repeals | |
Schedule 33 (repeals) shall have effect. | |
309 Supplementary and consequential provision, etc. | 25 |
(1) The Secretary of State may by order make— | |
(a) any supplementary, incidental or consequential provision, and | |
(b) any transitory, transitional or saving provision, | |
which he considers necessary or expedient for the purposes of, in consequence | |
of, or for giving full effect to any provision of this Act. | 30 |
(2) An order under subsection (1) may, in particular— | |
(a) provide for any provision of this Act which comes into force before | |
another such provision has come into force to have effect, until that | |
other provision has come into force, with such modifications as are | |
specified in the order, and | 35 |
(b) amend or repeal— | |
(i) any Act passed before, or in the same Session as, this Act, and | |
(ii) subordinate legislation made before the passing of this Act. | |
(3) Nothing in this section limits the power by virtue of section 306(4)(b) to include | |
transitional or saving provision in an order under section 312. | 40 |
(4) The amendments that may be made under subsection (2)(b) are in addition to | |
those made by or under any other provision of this Act. | |
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(5) In this section “subordinate legislation” has the same meaning as in the | |
Interpretation Act 1978 (c. 30). | |
(6) Schedule 34 (which contains transitory and transitional provisions and | |
savings) shall have effect. | |
310 Provision for Northern Ireland | 5 |
(1) An Order in Council under section 85 of the Northern Ireland Act 1998 (c. 47) | |
(provision dealing with certain reserved matters) which contains a statement | |
that it is made only for purposes corresponding to those of any provisions of | |
this Act specified in subsection (2)— | |
(a) shall not be subject to subsections (3) to (9) of that section (affirmative | 10 |
resolution of both Houses of Parliament), but | |
(b) shall be subject to annulment in pursuance of a resolution of either | |
House of Parliament. | |
(2) The provisions are— | |
(a) in Part 1, sections 1, 4, 6 to 9, 11 and 11 and paragraphs 1, 2, 5 to 10 and | 15 |
20 of Schedule 1, and | |
(b) Parts 7, 8 and 10. | |
(3) In relation to any time when section 1 of the Northern Ireland Act 2000 (c. 1) is | |
in force (suspension of devolved government in Northern Ireland)— | |
(a) the reference in subsection (1) above to section 85 of the Northern | 20 |
Ireland Act 1998 shall be read as a reference to paragraph 1 of the | |
Schedule to the Northern Ireland Act 2000 (legislation by Order in | |
Council during suspension), and | |
(b) the reference in subsection (1)(a) above to subsections (3) to (9) of that | |
section shall be read as a reference to paragraph 2 of that Schedule. | 25 |
(4) The reference in section 41(2) of the Justice (Northern Ireland) Act 2002 (c. 26) | |
(transfer of certain functions to Director of Public Prosecutions for Northern | |
Ireland) to any function of the Attorney General for Northern Ireland of | |
consenting to the institution of criminal proceedings includes any such | |
function which is conferred by an amendment made by this Act. | 30 |
(5) Any reference to any provision of the Criminal Appeal (Northern Ireland) Act | |
1980 (c. 47) in the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 | |
(N.I. 10)) is to be read as a reference to that provision as amended by this Act. | |
311 Expenses | |
There shall be paid out of money provided by Parliament— | 35 |
(a) any expenditure incurred by a Minister of the Crown by virtue of this | |
Act, and | |
(b) any increase attributable to this Act in the sums payable out of money | |
so provided under any other enactment. | |
312 Commencement | 40 |
(1) The following provisions of this Act come into force on the passing of this | |
Act— | |
section 150(1) and (2), | |
section 165(8), | |
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section 284, | |
section 306, | |
section 309(1) to (5), | |
sections 310 and 311, | |
this section and sections 313 and 314, and | 5 |
the repeal in Part 8 of Schedule 33 of section 81(2) and (3) of the | |
Countryside and Rights of Way Act 2000 (c. 37) (and section 308 so far | |
as relating to that repeal), and | |
paragraphs 1 and 6 of Schedule 34 (and section 309(6) so far as relating to | |
those paragraphs). | 10 |
(2) The following provisions of this Act come into force at the end of the period of | |
two weeks beginning with the day on which this Act is passed— | |
Chapter 7 of Part 11; | |
section 279(b)(i) and (ii); | |
paragraphs 41, 42(3), 62, 72(1) to (3), 73 and 98(2), (3)(b), (4) and (5) of | 15 |
Schedule 28 (and section 280 so far as relating to those provisions); | |
Part 7 of Schedule 33 (and section 308 so far as relating to that Part of that | |
Schedule). | |
(3) The remaining provisions of this Act come into force in accordance with | |
provision made by the Secretary of State by order. | 20 |
(4) Different provision may be made for different purposes and different areas. | |
313 Extent | |
(1) Subject to the following provisions of this section, this Act extends to England | |
and Wales only. | |
(2) The following provisions extend also to Scotland and Northern Ireland— | 25 |
sections 57 and 58; | |
section 67; | |
section 162 and Schedule 8; | |
section 170 and Schedule 10; | |
section 284; | 30 |
section 283; | |
section 176 and Schedule 12; | |
section 288; | |
this Part, except sections 307, 308 and 310(5); | |
paragraphs 19, 46 and 47 of Schedule 3; | 35 |
paragraph 12(3) of Schedule 11; | |
paragraphs 3, 6, 7 and 8 of Schedule 25; | |
paragraphs 6 to 8 of Schedule 27. | |
(3) The following provisions extend also to Scotland— | |
section 49(12); | 40 |
section 264; | |
sections 265, 266, 269 and 270; | |
section 278; | |
paragraph 2 of Schedule 21; | |
paragraphs 1, 2 and 5 of Schedule 25; | 45 |
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paragraph 7 of Schedule 34. | |
(4) Section 268 extends to Scotland only. | |
(5) The following provisions extend also to Northern Ireland— | |
Part 5; | |
Part 7; | 5 |
sections 60 to 66; | |
sections 68 to 77; | |
sections 79 and 80; | |
section 292; | |
Schedule 4. | 10 |
(6) The following provisions extend to Northern Ireland only— | |
sections 273 and 274; | |
section 291; | |
section 294; | |
section 310(5). | 15 |
(7) Section 78 has the same extent as section 31 of the Armed Forces Act 2001 | |
(c. 19). | |
(8) The provisions mentioned in subsection (9), so far as relating to proceedings | |
before a particular service court, have the same extent as the Act under which | |
the court is constituted. | 20 |
(9) Those provisions are— | |
section 97 and Schedule 5; | |
section 118 and Schedule 6. | |
(10) Nothing in subsection (1) affects the extent of Chapter 7 of Part 11 so far as | |
relating to sentences passed by a court-martial. | 25 |
(11) The amendment or repeal of any enactment by— | |
(a) Part 1, | |
(b) section 262 and Schedule 26, | |
(c) section 263, | |
(d) section 295, | 30 |
(e) Part 2 of Schedule 3, | |
(f) Part 1 of Schedule 28, | |
(g) section 307 and Schedule 32, and | |
(h) Parts 1 to 7, 9 and 11 of Schedule 33, | |
has the same extent as the enactment amended or repealed. | 35 |
314 Short title | |
This Act may be cited as the Criminal Justice Act 2003. | |
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