The Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009

Made: 24th September 2009

The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred by the Criminal Justice and Immigration Act 2008[^f00001] on the Lord Chancellor by section 153(4), and the Secretary of State by section 153(7) of that Act.

Citation and interpretation

1

• (1) This Order may be cited as the Criminal Justice and Immigration Act 2008 (Commencement No. 11) Order 2009.

• (2) In this Order “the 2008 Act” means the Criminal Justice and Immigration Act 2008.

Provisions coming into force on 1st October 2009

2

The date appointed for the coming into force of the following provisions of the 2008 Act is 1st October 2009—

• (a) section 80 (Requests to other member States: England and Wales);

• (b) section 81 (Procedure on issue of certificate: England and Wales);

• (c) section 82 (Requests to other member States: Northern Ireland);

• (d) section 83 (Procedure on issue of certificate: Northern Ireland);

• (e) section 84 (Requests from other member States: England and Wales);

• (f) section 85 (Procedure on receipt of certificate by designated officer);

• (g) section 86 (Modification of Magistrates’ Courts Act 1980);

• (h) section 87 (Requests from other member States: Northern Ireland);

• (i) section 88 (Procedure on receipt of certificate by clerk of petty sessions);

• (j) section 89 (Modification of Magistrates’ Courts (Northern Ireland) Order 1981);

• (k) section 90 (Transfer of certificates to central authority for Scotland);

• (l) section 91 (Recognition of financial penalties: general);

• (m) section 92 (Interpretation of sections 80 to 91 etc.);

• (n) section 144(1) (Power to require data controllers to pay monetary penalty) to the extent that it inserts sections 55A(4), (5), (7) and (9), 55B(2), (3)(b) and (6), 55C and 55E into the Data Protection Act 1998[^f00002];

• (o) section 144(2) (Power to require data controllers to pay monetary penalty);

• (p) section 148(2) (Consequential etc. amendments and transitional and saving provision) in so far as relates to the entry in paragraph (s);

• (q) Schedule 18 (Penalties suitable for enforcement in England and Wales or Northern Ireland);

• (r) Schedule 19 (Grounds for refusal to enforce financial penalties); and

• (s) paragraph 29 of Schedule 27 (Mutual recognition of financial penalties).

Provisions coming into force on 31st October 2009

3

The date appointed for the coming into force of the following provisions of the 2008 Act is 31st October 2009—

• (a) section 21 (Credit for period of remand on bail: terms of imprisonment and detention) to the extent not already in force;

• (b) section 26 (Release of certain long-term prisoners under Criminal Justice Act 1991) to the extent not already in force;

• (c) section 29 (Release of prisoners after recall) to the extent not already in force;

• (d) section 145 (Amendments to armed forces legislation) to the extent that it relates to the entry in paragraph (h);

• (e) section 148(1) (Consequential etc. amendments and transitional and saving provision) to the extent that it relates to the entries in paragraph (i);

• (f) section 149 (Repeals and revocations) in so far as it relates to the entry in paragraph (j);

• (g) section 151 (Effect of amendments to criminal justice provisions applied for purposes of service law);

• (h) paragraph 34 of Schedule 25 (Transitional provisions: compensation for miscarriage of justice);

• (i) paragraphs 54, 55, 56 to the extent not already in force, and paragraph 82 of Schedule 26 (Minor and consequential amendments); and

• (j) in Part 2 of Schedule 28 (Repeals and revocations), the entries related to—

• (i) section 260(3A) of the Criminal Justice Act 2003[^f00003]; and

• (ii) sections 221 and 223(3) and paragraphs 218 and 225 of Schedule 16 of the Armed Forces Act 2006[^f00004].

Signed

Signed by the authority of the Lord Chancellor and Secretary of State

Michael Wills — Minister of State — Ministry of Justice — 24th September 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force the provisions of the Criminal Justice and Immigration Act 2008 (c.4) set out in articles 2 and 3 on 1st October 2009 and 31st October 2009 respectively.

Footnotes

[^f00001]: 2008 c.4

[^f00002]: 1998 c.29

[^f00003]: 2003 c.44

[^f00004]: 2006 c.52